Case summaries
If the applicant for international protection claims that there are flaws within the asylum procedure of a responsible Member State (in line with Article 3 of the Dublin III Regulation), the examining state is still under an obligation to investigate the systematic procedural flaws in line with the reversed burden of proof.
The Prague Regional court quashed a Dublin transfer decision in respect of a family of four Yazidi adults to Bulgaria. Firstly, the court held that the Ministry of Interior had paid insufficient consideration to whether the Bulgarian asylum system ensures adequate health care for one of the Applicants, suffering from a psychological disorder. Secondly, the court found that the Applicants were not subject to personal interviews in the proceedings concerning their Dublin transfer, thus violating their right to a fair trial.
An excessive length of the procedure (in this case 2 years and 5 months) for examining the jurisdiction for the application for international protection, which is not caused by the protection seeker himself, leads to an obligation of the Member State to decide the case itself (“duty of self-entry”). Thus this Member State has jurisdiction for the application for international protection to guarantee a fast and efficient procedure within the Dublin III-Regulation.