The CJEU ruling of November 30, 2023 and the principle of non-refoulement: impacts on the transfer of asylum seekers

On November 30, 2023, the Court of Justice of the European Union (CJEU) issued a ruling of great importance in the field of asylum and international protection. This decision concerns the interpretation of Article 3, paragraphs 1 and 2, of Regulation (EU) No. 604 of 2013, known as the Dublin III Regulation, establishing fundamental criteria for challenging transfers to other Member States. In particular, the Court clarified that a court cannot examine the risk of violating the principle of "non-refoulement" without first ascertaining the existence of systemic deficiencies in the transfer country.

The principle of non-refoulement and its application

The principle of "non-refoulement" is a crucial element of international law, preventing the transfer of asylum seekers to countries where they may face persecution or torture. The CJEU ruling reaffirmed that, in the event of a challenge to a transfer order, it is essential for the court to verify whether there are adequate reception conditions and efficient asylum procedures in the destination country. This approach highlights the duty of judicial authorities to ensure the protection of the fundamental rights of asylum seekers.

The ruling and the specific case

In the case examined, the Court addressed the situation of a Pakistani citizen transferred to Slovenia. Despite the applicant providing detailed documentation and arguments regarding potential risks in the event of transfer, the court had erroneously considered Slovenia a "safe country" without carrying out the necessary inquiries into the reception conditions. The CJEU therefore overturned the court's ruling, emphasizing the obligation for a thorough analysis of the situations in the transfer countries.

Art. 3, paragraphs 1 and 2, of Regulation (EU) No. 604 of 2013 (so-called Dublin III) - Interpretation provided by CJEU with ruling of November 30, 2023 - Challenge of transfer to a Member State - Judicial review - Assessment of the existence of the risk of violation of the principle of "non-refoulement" - Prior determination of the existence of systemic deficiencies in the transfer country - Necessity - Specific case. In the context of international protection, following the CJEU ruling of November 30, 2023, Art. 3, paragraphs 1 and 2, of Regulation (EU) No. 604 of 2013 must be interpreted in the sense that, in cases where the foreign national makes express mention, presenting the appropriate arguments and corresponding documentation, the court competent to decide on the challenge to the administrative transfer order to a Member State cannot examine the existence of the risk of a violation of the principle of "non-refoulement" if it has not first established the existence, in the requested Member State, of systemic deficiencies in the asylum procedure and in the reception conditions of those seeking international protection. (In this case, the Supreme Court, in relation to the challenge to the decision by the Dublin Unit that ordered the transfer of a Pakistani citizen to Slovenia, overturned the court's ruling which, despite the specific indications and detailed documentation provided by the applicant, had omitted the necessary inquiries regarding the reception conditions for asylum seekers in Slovenia, thus considering it a "safe country").

Conclusions

In summary, the CJEU ruling of November 30, 2023 represents a significant step in the protection of the rights of asylum seekers in Europe. It not only strengthens the principle of "non-refoulement," but also requires a rigorous analysis of the reception conditions in transfer countries. This approach aims to ensure that every asylum seeker can rely on a fair process and dignified conditions, without the risk of human rights violations. It is essential that national courts adopt this interpretation to ensure effective protection that complies with international standards.

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