Case summaries
If a Member State is responsible for carrying out an asylum procedure under the relevant terms of the Dublin Regulation, e.g. under Art. 29 (2) of the Dublin III Regulation, an applicant may invoke that Member State’s responsibility if it has not been positively established that another Member State (which does not have responsibility) is willing to take charge of the applicant or take him or her back.
In such a case, it can be derived from the objective and purpose of the Dublin system, as well as the fact that it constitutes the procedural dimension of the substantive rights granted to applicants by Directive 2011/95/EU (i.e. Qualification Directive), that the individual concerned is entitled to have his asylum application reviewed by the responsible Member State. This is so, irrespective of the question, whether the provisions on the Member State’s responsibility generally provide for subjective rights of the applicants.
Where the transfer does not take place within the six months’ time limit, the Member State responsible shall be relieved of its obligations to take charge or to take back the person concerned and responsibility shall then be transferred to the requesting Member State Art. 29 (2) of the Dublin III Regulation.