France - Council of State, 14 February 2013, n° 365638

Country of Decision:
Country of Applicant:
Date of Decision:
14-02-2013
Citation:
CE, 14 February 2013, n° 365638
Court Name:
Council of State
National / Other Legislative Provisions:
France - Labour Code
France - law no. 91-647 of 10 July 1991
France - CJA (Code of Administrative Justice)
France - Circular IOCL1107084C from the Ministry of the Interior
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Headnote: 

The Council of State applied the reasoning employed by the CJEU in its ruling C-179-11 of 27 September 2012 and considered that temporary waiting allowance must be paid to asylum applicants subject to the Dublin II Regulation until they have actually been transferred to the Member State responsible for their asylum application. 

Facts: 

An asylum Applicant subject to the Dublin II Regulation in France wished to benefit from the minimum reception standards laid down in the Reception Conditions Directive as established by the CJEU in its ruling C-179-11 of 27 September 2012.

The judge hearing applications for interim relief at the Paris Administrative Tribunal issued an order rejecting his application, and requiring the Prefect of Police to issue him with an official document with a photograph, attesting to his identity, administrative status and permission to stay on the territory during the examination of his asylum application. These documents were crucial to the Applicant for the purposes of opening a bank account and receiving temporary waiting allowance.

The Applicant asked the Council of State judge hearing applications for interim relief to quash this order. 

Decision & Reasoning: 

The Council of State applied the reasoning adopted by the CJEU in its ruling C-179-11 of 27 September 2012, considering that Council Directive 2003/9/EC of 27 January 2003 laying down minimum conditions for the reception of asylum seekers in Member States had to be interpreted as follows:  a Member State in receipt of an application for asylum was required to grant an asylum Applicant the minimum reception conditions laid down in the Directive, including in cases where it had decided, in accordance with Council Regulation n° 343/2003/EC of 18 February 2003, to call on the Member State responsible for examination of the asylum application to take charge of or take back the Applicant. This duty only ended when the Applicant had actually been transferred to the Member State concerned.  

Outcome: 

No need to adjudicate, as representatives of the Ministry of the Interior indicated at the hearing that measures would be taken to allow the Reception Conditions Directive to apply in accordance with the interpretation given by the CJEU on 27 September 2012.  

Observations/Comments: 

Ministerial Directionn°335924 of 23 April 2012, issued by the Ministry of the Interior, approved the application of CJEU ruling C-179/11 in France.

This Direction provided that in future Prefects must regularly inform Employment Centres issuing ATA (temporary waiting allowance) of developments in procedures for asylum applicants subject to the Dublin II Regulation.