Case summaries
Czech Republic - S.A.CH, A.A.CH. and A.A.CH. v. Police of the Czech Republic, Regional Directorate of Ústí nad Labem, 42A 12/2015-78
Country of applicant:
Iraq
Keywords:
Detention, Dublin Transfer
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.
Date of decision:
01-06-2015
Relevant International and European Legislation:
EN - Charter of Fundamental Rights of the European Union,Article 8,Art 8.2,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 28