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12/01/2023
IT: The Rome Tribunal annulled a Dublin transfer to Romania due to systemic deficiencies in the asylum system.

ECLI
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
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
Italy, Civil Court [Tribunali], Applicant v Ministry of the Interior (Ministero dell'Interno) - Immigration and Asylum Department - Dublin Unit, R.G. 50879/2022, 12 January 2023. 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=3276
Case history
Other information
Abstract

On 12 January 2023, the Rome Tribunal confirmed its previous case law of 13 October 2022, and annulled a Dublin transfer to Romania according to Article 3(2) of the Dublin Regulation and to Article 4 of the EU Charter of Fundamental Rights of the European Union, considering that there are systemic deficiencies in the asylum system. The court noted that Romania was already unprepared to accommodate asylum applicants before the Ukrainian crisis and that with the high influx of persons displaced from Ukraine the situation is problematic.


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Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
R.G. 50879/2022
Date of Decision
12/01/2023
Country of Origin
Bangladesh
Keywords
Dublin procedure
Reception/Accommodation