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Netherlands - Council of State, Administrative Law section, 19 December 2018, 201808522/1/V3
Country of applicant: Eritrea
Keywords: Burden of proof, Standard of proof, Inadmissible application, Reception conditions, Dublin Transfer, Material reception conditions, Vulnerable person

The Council of State concludes that the Legislative Decree 113/2018 (also referred to as ‘Salvini Decree’) that reorganises the Italian reception facilities for asylum seekers does not affect the principle of mutual trust between EU member states underpinning the Dublin Regulation. The expected limits on access to adequate reception centres, specifically for vulnerable persons, does not amount to systemic flaws in the sense of Article 3 of the Dublin Regulation. 

Date of decision: 19-12-2018
Relevant International and European Legislation: Article 17,Article 21,Article 22,Article 3,Article 3,Article 17,Article 32
Netherlands - Council of State, Administrative Law section, 19 December 2018, 201808522/1/V3
Country of applicant: Eritrea

The Council of State concludes that the Legislative Decree 113/2018 (also referred to as ‘Salvini Decree’) that reorganises the Italian reception facilities for asylum seekers does not affect the principle of mutual trust between EU member states underpinning the Dublin Regulation. The expected limits on access to adequate reception centres, specifically for vulnerable persons, does not amount to systemic flaws in the sense of Article 3 of the Dublin Regulation. 

Date of decision: 19-12-2018
Relevant International and European Legislation: Article 17,Article 21,Article 22,Article 3,Article 3,Article 17,Article 32