France: Council of State (Conseil d’État), 10th May 2017, No. 406122

Country of Decision:
Country of Applicant:
Date of Decision:
10-05-2017
Citation:
Nr 406122
Additional Citation:
ECLI:FR:CECHR:2017:406122.20170510
Court Name:
Conseil d’État, 10ème chambre, France.
Relevant Legislative Provisions:
European Union Law
European Union Law > Treaty on the Functioning of the European Union 2010/C 83/01
National / Other Legislative Provisions:
France - Cesda (Code of Entry and Stay of Foreigners and Asylum Law L 551-1
France - Decree n° 2015-1166 of 21 September 2015
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Headnote: 

In contrast to the obligation to provide information to asylum applicants under the Dublin Regulation, Article 18(1) of the Eurodac Regulation has as its sole purpose and effect the effective protection of the personal data of the asylum seekers concerned. The right of asylum seekers to information contributes, together with the right of communication, the right to rectify and erase the data. 

Facts: 

The Council of State is asked the following questions from the Administrative Court of Appeal of Versailles, questions which relate to an appeal brought by the Essonne prefect against a decision by the Administrative Court of Versailles which overturned the Prefect’s decision to transfer the applicant to Spain and place him in administrative detention:

1. Can the infringement of the obligation to provide information provided for in Article 18 of Regulation (EC) No 2725/2000 of 11 December 2000 (‘Eurodac’) be usefully invoked against decisions where the administrative authority refuses to grant a temporary residence permit to an asylum seeker and hands the applicant over to the competent authorities to examine his application?

2. Does this obligation to provide information constitute a guarantee for the asylum seeker, as per the decision of the Assembly of the Council of State dated 23 December 2011, M. C... et al, n° 335033

If so, does the issue of the information provided for in Article 18 of Regulation (EC) No 2725/2000 of 11 December 2000 subsequent to the applicant's fingerprinting deprive him/her of the guarantee provided for in those provisions? 

Decision & Reasoning: 

The Council of State first notes that the Eurodac Regulation alongside its information database contributes to determining which Member State is responsible for an asylum claim. Various articles within the Regulation specify the obligations on Member States to take fingerprints of all asylum applicants over the age of 14 (Article 4) as well as the rights of data subjects (Article 18). In respect of Article 18(1) applicants who fall within the Eurodac Regulation are to receive, from the Member State, information on the identity of the controller, the reason why the data will be processed by the Eurodac system, the recipients of the data and the existence of a right of access to the data concerning him or her and a right to rectify these data. This information is to be provided at the moment when the fingerprints are taken.  

The Council of State further highlights that in contrast to the obligation to provide information to asylum applicants under the Dublin Regulation, Article 18(1) of the Eurodac Regulation has as its sole purpose and effect the effective protection of the personal data of the asylum seekers concerned. The right of asylum seekers to information contributes, together with the right of communication, the right to rectify and erase the data.

It therefore follows that a failure by the French authorities to comply with the obligation to provide information cannot be used as an argument against the decisions by the French State to refuse temporary residence to an asylum seeker and to transfer him to the authorities of the competent Member State. Thus, the second and third questions of the Administrative Court of Appeal are not applicable.

 

Outcome: 

The second and third questions of the Administrative Court of Appeal are not applicable.

Observations/Comments: 

 

This case summary was written by Rati Gujadhur, BPTC student at BPP University. 

 
Other sources cited: 

Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice