Judgment No. 20087 of 2024: Informational Obligations and International Protection

The recent judgment no. 20087 of July 22, 2024, issued by the Court of Rome, provides important insights into the topic of international protection, particularly regarding the informational obligations that must be met by the competent authorities. This ruling fits into a European regulatory context, specifically EU Regulation No. 604 of 2013, known as the Dublin Regulation, which governs how asylum applications are managed among member states.

Informational Obligations and the Right to Defense

The judgment clarifies that, in the case of the transfer of an asylum seeker by the Dublin Unit to another member state, it is essential that the Administration fulfills the informational obligations set out in Articles 4 and 5 of the EU Regulation. In particular, the assessment of the proper fulfillment of such obligations must take precedence over the evaluation of the defensive arguments presented by the applicant in judicial proceedings.

CONDITION OF INTERNATIONAL PROTECTION - Dublin Unit - Transfer of the applicant - Informational obligations - Proper fulfillment modalities - Failure to deliver the brochure under Article 4 of EU Regulation No. 604 of 2013 - Relevance - Limits. In the proceedings before the specialized section of the Court, on appeal against the transfer decision made by the Dublin Unit for the assumption of responsibility for the international protection applicant by another member state, the determination of the proper fulfillment by the Administration of the informational obligations contained in Articles 4 and 5 of EU Regulation No. 604 of 2013, according to the interpretation provided by the Court of Justice in the ruling of November 30, 2023, must precede the assessment of any defensive arguments made by the foreign citizen in judicial proceedings, because the former may affect the exercise of the specific right of defense granted to them, and, in the event that the interview under Article 5 of the EU Regulation was not preceded by the delivery of the brochure under Article 4, the violation of the obligation to deliver the brochure may not be relevant only in the case of a correct and complete execution of the personal interview, which did not effectively deprive the foreign citizen of the opportunity to assert their arguments.

Implications of the Judgment and Regulatory References

This judgment serves as an important legal precedent, as it highlights how the violation of informational obligations can compromise the right to defense of the asylum seeker. The importance of correct information cannot be underestimated, as it represents a fundamental right for those in a vulnerable situation. The Dublin Regulation, in fact, emphasizes a humane and legal approach to be followed in cases of international protection.

  • Respect for human rights
  • Obligation of preventive information
  • Importance of transparency in asylum proceedings

Conclusions

Judgment no. 20087 of 2024 represents a significant step for the recognition and safeguarding of the rights of asylum seekers. It underscores the importance of a legal process that is not only effective but also fair and respectful of fundamental rights. The competent authorities must ensure that information is adequately provided so that applicants can exercise their right to defense fully and knowledgeably.

Bianucci Law Firm