Case summaries
In order for a correct application of the responsibility determination procedure under Dublin III to take place the applicant must be able to contest a transfer decision and invoke an infringement of the rule set out in subparagraph 19(2) DR III, i.e. where the applicant provides evidence that he/she has left the territory of one Member State, having made an application there, for at least three months and has made a new asylum application in another Member State.
Dublin III is characterised by the introduction or re-fortification of rights and mechanisms which guarantee the involvement of the asylum seeker in the determination process. Article 27(1) when read in conjunction with Recital 19 is ,therefore, to be interpreted as allowing an asylum seeker to appeal a transfer decision on grounds that the Chapter III allocation criteria were incorrectly applied.
The court may reject the request for a preliminary ruling to the CJEU when the provision is clear (acte clair), only if it checks that the clarity of the contested provision is equally obvious to the courts of other Member States and the CJEU, taking into account the characteristics of EU law and special problems posed by its interpretation, including a comparison of all language versions, respecting the specific terminology of EU law and the placement of the interpretation in the context of EU law.
The Constitutional Court annulled the contested judgment because of the infringement of the right to equal protection of rights in connection to the right to an effective remedy.