EDAL case summaries
The transfer of an applicant for asylum to Malta violates the Regulation (EU) no 604/2013 of the European Parliament and of the Council of 26 June 2013 (“Dublin III Regulation”) because Malta’s asylum procedures and system show systemic deficiencies with the inherent risk of subjecting an applicant for asylum to inhuman or degrading treatment.
There is a real risk that, due to overcrowded accommodation, Hungary can no longer receive returning Dublin claimants. Because of inadequate shelter, the claimant and her two minor children may be subjected to accommodation conditions which contravene Article 3 of the European Convention on Human Rights. Before the return of a vulnerable Dublin claimant occurs, Hungary must first be asked to provide guarantees of adequate shelter.
The Court expressed doubts as to whether it is constitutionally permissible to base the withdrawal of subsidiary protection on a “final conviction of a crime” without taking the circumstances of the individual case into account. The Austrian provision might not be in line with the requirements as set out by the European Union Directive 2004/83/EC and might therefore be unconstitutional.
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- Dublin Transfer 2
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