CJEU: Case C. K. and Others, (C-578/16), request for a preliminary ruling from the Supreme Court of Republic Slovenia

Friday, October 28, 2016

The Supreme Court of Republic Slovenia has referred a request for preliminary ruling to the CJEU on the interpretation to be given to Articles 3 and 17 of the Dublin III Regulation in the case that concerns a transfer to Croatia under the Dublin III Regulation.

The Supreme Court has referred four questions to the Court of Justice of EU:

  1. Is the interpretation of rules concerning application of discretionary clause from Article 17(1) of Dublin III Regulation, considering the nature of this provision, in the final competence of the court of the Member State, i.e., does it absolve the court, where there is no legal remedy against its decision, to submit the request to the CJEU on the basis of Article 267(3) of the Treaty on the Functioning of the European Union?
  2. Is assessment of circumstances from Article 3(2) of the Dublin III Regulation (in cases such as the case presented) sufficient to meet the requirements of Article 4 and Article 19(2) of The Charter of Fundamental Rights of the European Union in conjunction with Article 3 of the European Convention on Human Rights and Fundamental Freedoms and Article 33 of the Geneva Convention?
  3. Is Article 17(1) of the Dublin III Regulation to be interpreted as meaning that the application of discretionary clause by a Member State, in order to provide efficient protection against infringement of the right from Article 4 of The Charter of Fundamental Rights of the European Union in cases such as the case presented, is obligatory and that it inhibits the transfer of an applicant for international protection to the responsible Member State, that has accepted its responsibility in accordance with this Regulation?
  4. Does the discretionary clause from Article 17(1) of the Dublin III Regulation provide grounds for the applicant for international protection, or another person subject to a transfer procedure pursuant to this Regulation, to claim its application, which has to be assessed by the competent administrative bodies or courts of the Member State, or are the stated state authorities and courts of the Member State obliged to assess the cited circumstances ex officio?

The ELENA Weekly Legal Update would like to thank Grusa Matevzic, Miha Nabergoj and Zoja Bajzelj for their translations.


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Dublin Transfer
Inhuman or degrading treatment or punishment