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06/09/2017
CJEU dismissed the actions brought by Slovakia and Hungary against the mandatory relocation of asylum seekers
06/09/2017
CJEU dismissed the actions brought by Slovakia and Hungary against the mandatory relocation of asylum seekers

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Original Documents
Relevant Legislative Provisions
Treaty on the Functioning of the European Union (TFEU)
Reference
European Union, Court of Justice of the European Union [CJEU], Slovakia and Hungary v Council, Joined Cases C-643/15 and C-647/15 ECLI:EU:C:2017:631 , 06 September 2017. 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=33
Case history
Other information
Abstract

By their applications, the Slovak Republic and Hungary seeks annulment of Council Decision (EU) 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece (OJ 2015 L 248, p. 80, ‘the contested decision'). he contested decision was adopted on the basis of Article 78(3) TFEU, which provides that ‘in the event of one or more Member States being confronted by an emergency situation characterized by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament'. Slovakia and Hungary which, like the Czech Republic and Romania, voted against the adoption of the contested decision in the Council, have asked the Court of Justice to annul the decision. In support of their actions they put forward pleas seeking to show (i) that the adoption of the decision was vitiated by errors of a procedural nature or arising from the choice of an inappropriate legal basis and (ii) that the decision was neither a suitable response to the migrant crisis nor necessary for that purpose. In the proceedings before the Court, Poland has intervened in support of Slovakia and Hungary, while Belgium, Germany, Greece, France, Italy, Luxembourg, Sweden and the Commission have intervened in support of the Council. In its judgement, the Court dismisses in their entirety the actions brought by Slovakia and Hungary. The Court also holds that the Council was not required to act unanimously when it adopted the contested decision, even though, for the purpose of adopting the above-mentioned amendments, it had to depart from the Commission's initial proposal. The Court finds that the amended proposal was in fact approved on behalf of the Commission by two of its Members, who were authorized by the College of Commissioners for that purpose.


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
Joined Cases C-643/15 and C-647/15 ECLI:EU:C:2017:631
Date of Decision
06/09/2017
Country of Origin
Keywords
Access to procedures
Non-refoulement
Source
CURIA
Other Source/Information
Press Release No 91/17