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DE: Federal Court rules on reception conditions in Italy in the context of Dublin transfer

Input Provided By
Referral to the CJEU
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);
Germany, Federal Constitutional Court [Bundesverfassungsgericht], X. v Bavarian Administrative Court of Würzburg, 2 BvR 1380/19 , ECLI:DE:BVerfG:2019:rk20191010.2bvr138019, 10 October 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:

In the context of Dublin transfer to Italy, the Court notes that the situation in Italy has changed significantly since the adoption of the Salvini Decree at the end of 2018. The SPRAR accommodation referred to by the ECtHR is no longer available to asylum seekers, with the exception of unaccompanied minors, since the adoption of the Salvini Decree. Consequently, it can not easily be assumed that the remaining accommodation for asylum seekers (CAS and CARA) ensures child- and family-friendly accommodation. The complainant rightly pointed out that, even taking into account the renewed general assurance given by the Italian authorities of 8 January 2019, following the adoption of the Salvini Decree, it is no longer sufficiently clear where and how the Italian authorities can in fact provide accommodation appropriate to the age and situation of the complainant. 

The Administrative Court disregards in the contested decision that the accommodation of families with (small) children in Italy has been assessed as extremely critical in the past for a long period of time and, after a temporary improvement of the situation, has become unclear again since the end of 2018 and possibly at the time of the decision was characterized by systemic deficiencies. 

The Federal Constitutional Court accepted the complaint.

Country of Decision
Court Name
DE: Federal Constitutional Court [Bundesverfassungsgericht]
Case Number
2 BvR 1380/19
Date of Decision
Country of Origin
Dublin procedure
Unaccompanied minors
Vulnerable Group