Latest News

Germany: Administrative Court of Dusseldorf suspends Dublin transfer to Hungary

Friday, October 2, 2015

On 3 September 2015, the Administrative Court of Dusseldorf in Germany ruled against the accelerated transfer of an asylum seeker from Germany to Hungary under the Dublin Regulation.

The Czech Republic: Supreme Administrative Court seeks preliminary ruling on Dublin III detention

Thursday, September 24, 2015

This reference for preliminary ruling relates to an Iraqi male and his two minor children who were detained by the Czech police in May 2015 pending their transfer to Hungary pursuant to the Dublin Regulation and s129(1) of the Aliens Act.

CJEU: Case C-290/14 Skerdjan Celaj (Italy) – Return Directive

Thursday, October 1, 2015

The CJEU has given a preliminary ruling in Case C-290/14 Skerdhan Celaj, referred by the Tribunale di Firenze in Italy, relating to the 

Latest Cases

Country of Decision: Czech Republic , Country of Applicant: Iraq , Keywords: Detention, Dublin Transfer , Date of Decision: 01-06-2015

The Czech Regional Court dealt with an application concerning the unlawfulness of a decision taken under § 129 (1) of the Aliens Act. After engaging in textual and teleological analysis of the said national provision, the Court concluded that because the Member State failed to establish objective criteria for assessing the risk of absconding, the rule laid down in Article 28 of the Dublin III Regulation is not applicable in the Czech Republic.  

Country of Decision: United Kingdom , Keywords: Detention, Effective access to procedures, Legal assistance / Legal representation / Legal aid , Date of Decision: 09-07-2014

Ouseley J in the High Court held although the practice and policy of the Secretary of State in operating the Detained Fast Track System (DFT) was not unlawful in its terms, there was room for improvement. The screening process must not only focus on the suitability of a claim for fast-tracking, but it must also consider the impact that a tight timetable and detention may have on the fair presentation of a claim. In addition, lawyers must be allocated to applicants earlier to allow for meaningful instructions to be given and to allow for vulnerable status to be highlighted. Falling short of unlawfulness, the system carried too high a risk that unfair determinations would be made against applicants. 

Keywords: Best interest of the child, Family reunification, Integration measures , Date of Decision: 27-06-2006

The European Parliament sought the annulment of Article 4(1), Article 4(6) and Article 8 of the Family Reunification Directive, as being incompatible with the right to respect for family life and non-discrimination based on age.

The Court found that these provisions created a limited margin of appreciation for Member States which was no greater than that allowed for in ECtHR case law, and could be exercised compatibly with fundamental rights.

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 17 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 (