Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/18/2024

Subject: According to the Court, Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person does not require Member States to make available an effective remedy against a decision adopted under the discretionary clause contained in that regulation. Moreover, the Court affirmed that Article 47 of the Charter of Fundamental Rights of the European Union does not apply to a situation in which an applicant for international protection who is the subject of a transfer decision has requested the Member State which adopted that decision to exercise its discretion under Regulation No 604/2013 or has sought a judicial remedy against the outcome of that request, with the result that that provision of the Charter of Fundamental Rights a fortiori does not preclude a Member State from implementing, in those circumstances, a transfer decision before that request or any action challenging the outcome of that request has been determined

Classification: Freedoms - Art. 18 Right to asylum

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