Italy - Council of State, 19 October 2012, No. RG 6992/2012
Keywords:
| Keywords |
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Reception conditions
Description
The full set of measures that Member States grant to asylum seekers in accordance with Directive 2003/9/EC. |
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Dublin Transfer
Description
"The transfer of responsibility for the examination of an asylum application from one Member State to another Member State. Such a transfer typically also includes the physical transport of an asylum applicant to the Member State responsible in cases where the applicant is in another Member State and/or has lodged an application in this latter Member State (Article 19(3) of Council Regulation (EC) 343/2003). The determination of the Member State responsible for examining an asylum application is done on the basis of objective and hierarchical criteria, as laid out in Chapter III of Council Regulation (EC) 343/2003." |
Headnote:
Malta’s failure to respect the minimum conditions set for asylum seekers creates a situation in which the requirements stipulated by Italian law for suspending transfers under the Dublin II Regulation can be considered to have been met when waiting for a final decision on an appeal against such a transfer.
Facts:
The Lazio Regional Administrative Court confirmed the transfer of an asylum seeker to Malta, in accordance with the provisions of the Dublin II Regulation. The Applicant then appealed this decision, and also requested that the execution of the contested decision be suspended.
Decision & reasoning:
In its evaluation of the request for the suspension of the execution of the decision, the Council of State stated that the documentation presented by the Applicant provided sufficient evidence of Malta’s failure to observe the minimum conditions set for receiving asylum seekers.For this reason the Council of State judged it appropriate to invoke the ‘sovereignty clause’ discussed in Article 3(2) of the Dublin II Regulation and held that there were grounds for the request for suspension.
Outcome:
Request for suspension upheld – suspension of the execution of the contested judgment.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| Italy - Legislative Decree No. 104/2010 |