EDAL case summaries

The Algerian Kafala system does not create a parent/child relationship within the meaning of direct descendant under Directive 2004/38 but it does fall under the notion of other family members of Article 3(2)(a) of the same Directive. The State must therefore make a balanced and reasonable assessment which considering the age of the child, the closeness of the relationship whether the family have lived together; potential risk of exploitation/trafficking and the best interests of the child....

The CJEU ruled that an asylum seeker may not be transferred to the Member State that has previously granted him international protection if such living conditions would expose the applicant to a situation of extreme material poverty. The threshold was only met where such deficiencies attained a particularly high level of severity, going beyond a high degree of insecurity or significant degradation of living conditions.

The Court further clarified that this threshold also applied where there were infringements of the provisions of the...

The discretionary clause in Art. 17 II Dublin-III regulation might under certain circumstances oblige the member states to take charge of an applicant. This can be particularly the case, if the competence of the member state under chapter III of the Dublin-III regulation would not be given because of a deadline expiry the applicant had no influence on.

Article 11(2) of Directive 2003/86 must be interpreted as precluding the rejection of an application for family reunification lodged by a sponsor in favour of a minor of whom she is allegedly the guardian solely on the grounds of lack of official documentary evidence of the family relationship and the sponsor’s inability to explain the absence of such evidence being deemed implausible on the basis of general country of origin information.

Authorities have to take into consideration the specific circumstances of the sponsor and the minor,...