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01/09/2021
NL: The Council of State submitted a preliminary question on the suspensive effect of the time limit for transfer after an interim order in asylum cases

ECLI
ECLI:NL:RVS:2021:1929
Input Provided By
EUAA IDS
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], State Secretary for Justice and Security v Applicants, 202001503/1/V1, 202005113/3/V1 and 202102273/1/V1 Registered : C-556/21 before the CJEU, ECLI:NL:RVS:2021:1929, 01 September 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2032
Case history
Other information
Abstract

The case was registered before the CJEU under C-556/21


According to the Aca-Europe summary:


"The Administrative Jurisdiction Division of the Council of State of the Netherlands (Division) referred questions for preliminary ruling to the CJEU in three cases about the time limit in Dublin cases. The Division asked whether suspension of the time limit, after an interim order which has been issued by the Division at the request of the State Secretary, is contrary to the Dublin Regulation, and more specifically how the Articles 27(3) and 29 of the Dublin Regulation with regard to this question should be interpreted. In two cases, the foreign nationals had already made an application in Italy and Romania before they submitted an asylum application in the Netherlands. In the third case, the foreign national was granted a Schengen visa by the Italian authorities. According to the State Secretary, it follows from the Dublin Regulation that in such cases it is not the Netherlands, but the other EU Member State that is responsible for processing asylum applications. The State Secretary asked Italy and Romania to take back the foreign nationals. Both EU Member States agreed to this. From that moment on, the State Secretary has six months to hand over the foreign nationals to the responsible Member State. If it takes longer than that, the Netherlands will be responsible for examining the applications. In all three cases, the District Court overturned the decisions of the Secretary of State not to consider the applications for international protection. As a result, the State Secretary had to decide again on the requests. The State Secretary has appealed against all three decisions. The State Secretary has also requested the preliminary relief judge of the Division to rule that she does not have to take a decision on the applications before the Division has decided on the appeals and that the transfer period is suspended on the basis of the Dublin Regulation. The preliminary relief judge of the Division granted the requested provisional injunction in all three cases. The asylum seekers argue that this practice of the Division, in which the preliminary relief judge suspends the time limit at the request of the State Secretary, is contrary to the Dublin Regulation. In one of these three cases, the Division already asked a question about the suspensive effect of objections and appeal of time limits in Dublin cases (judgment of 26 May 2021, ECLI:NL:RVS:2021:1124). The Division has requested the ECJ to join the cases."


Country of Decision
Netherlands
Court Name
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Case Number
202001503/1/V1, 202005113/3/V1 and 202102273/1/V1 Registered : C-556/21 before the CJEU
Date of Decision
01/09/2021
Country of Origin
Unknown
Keywords
Dublin procedure