Case summaries
The Czech Regional Court dealt with an application concerning the unlawfulness of a decision taken under § 129 (1) of the Aliens Act. After engaging in textual and teleological analysis of the said national provision, the Court concluded that because the Member State failed to establish objective criteria for assessing the risk of absconding, the rule laid down in Article 28 of the Dublin III Regulation is not applicable in the Czech Republic.
Three third country nationals applied for lawful residence in the Netherlands and sought access under the Directive 95/46 (the Data Protection Directive) to an official administrative document (a ‘minute’) containing legal analysis in relation to the decisions on their applications.
The CJEU found that the legal analysis in itself did not constitute ‘personal data’ within the meaning of the Directive and as such there had been no infringement of the applicants’ right of access to data. In addition, Article 41(2)(b) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the applicant for a residence permit cannot rely on that provision against the national authorities, as it is not addressed to the Member States.