Latest News

CJEU: C-473/16 F – Request for a preliminary ruling from the Administrative and Labour Court Szeged (Hungary), 29 August 2016

Friday, October 21, 2016

The Administrative and Labour Court Szeged (Hungary) has referred a request for preliminary ruling to the Court of Justice of the European Union (CJEU) on the interpretation to be given to Article 4 of the Qualification Directive.

CJEU: Case C-429/15 – Evelyn Danqua v Minister for Justice and Equality Ireland and the Attorney General, 20 October 2016

Thursday, October 20, 2016

On 20 October 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in the case Evelyn Danqua v Minister for Justice and Equality Ireland and the Attorney General, which relates to the interpretation of the principle of equivalence.

ECtHR Communicated cases: Asady and Others v. Slovakia (no. 24917/15), 26 September 2016

Monday, September 26, 2016

On 26 September 2016, the European Court of Human Rights communicated the case Asady and Others v. Slovakia (no. 24917/15), which relates to the collective expulsion of nineteen asylum seekers from Slovakia to Ukraine in November 2014.

Latest Cases

Country of Decision: Poland , Keywords: Effective access to procedures, Effective remedy (right to), Individual assessment, Return , Date of Decision: 29-06-2016

Limiting the possibility to access classified information to the third country national does not automatically mean that their right to an effective remedy with regard to a return order was infringed. By the same token there has been no infringement of Article 47 of the Charter.

Country of Decision: Austria , Country of Applicant: Iran , Keywords: Dublin Transfer, Effective remedy (right to), Inadmissible application, Request to take back, Responsibility for examining application, Right to remain pending a decision (Suspensive effect) , Date of Decision: 31-03-2016

The Supreme Administrative Court (SAC) submitted the following two questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling according to Article 267 TFEU:

1.) Do the provisions on the right to an effective remedy against a transfer decision set out in Regulation No 604/2013 [...] (Dublin-III-Regulation), in particular Article 27(1) read in  light of Recital 19, mean that an applicant can claim that the responsibility for examining his application has been transferred  to the Member State requesting his transfer to another Member State based on the expiry of  the six-month time limit for the transfer (Article 29(2) read in conjunction with Article 29(1) of the Regulation)?

If the first question is answered in the affirmative:

2.) Does the transfer of responsibility under Article 29(2) first sentence of the Dublin-III-Regulation occur with the expiry of the time limit for the transfer alone or does it further require that the originally responsible Member State declines its obligation to take charge of or to take back the person concerned?

Country of Decision: Hungary , Country of Applicant: Turkey , Keywords: Detention, Inhuman or degrading treatment or punishment, Relevant Documentation, Relevant Facts, Well-founded fear , Date of Decision: 08-06-2016

The Court quashed the decision of the Office of Immigration and Nationality (OIN) and ordered a new procedure because of the failure to thoroughly examine every claim presented by the Claimant and the incorrect application of the res iudicata principle.

About EDAL

The European Database of Asylum Law (EDAL) is an online database co-ordinated by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 19 EU Member States, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The summaries are published in English and in the relevant Member State’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the EDAL blog or would like to inform us about an important national judgment, please kindly send an email to Amanda Taylor ( or Julia Zelvenska (