CJEU: Preliminary References on Family Reunification and Dublin III

Date: 
Friday, July 5, 2019

The Court of Justice of the European Union (CJEU) has communicated the following two requests:

Request for a preliminary ruling from the Council of State of Belgium, B.O.L. (C-250/19) regarding family reunification for aged-out children.

  1. In order to guarantee the effectiveness of EU law and not make it impossible to enjoy the right to family reunification which, according to the applicant, is conferred on her by Article 4 of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, must that provision be interpreted as meaning that the sponsor’s child is able to enjoy the right to family reunification where he becomes an adult during the court proceedings brought against the decision which refuses to grant him that right and was taken when he was still a minor?’
  2. Must Article 47 of the Charter of Fundamental Rights of the European Union and Article 18 of Directive 2003/86/EC be interpreted as precluding an action for annulment, brought against the refusal to grant a right to family reunification to a minor child, being held to be inadmissible on the ground that the child became an adult during the court proceedings, since he is deprived of the opportunity for a judgment to be given in his action against that decision and his right to an effective remedy is infringed?

Request for a preliminary ruling from the International Protection Appeals Tribunal, the Minister for Justice and Equality and the Attorney General of Ireland, MK.S. and M.H.K. (C-322/19) on the right to work for applicants appealing Dublin III transfer decisions.

  1. Where in interpreting one instrument of EU law that applies in a particular member state an instrument not applying to that member state is adopted at the same time, may regard be had to the latter instrument in interpreting the former instrument?
  2. Does Art. 15 of the Reception Conditions Directive (Recast) 2013/33/EU apply to a person in respect of whom a transfer decision under the Dublin III Regulation, Regulation (EU) No. 604/2013, has been made?
  3.  Is a member state in implementing Art. 15 of the Reception Conditions Directive (Recast)) 2013/33/EU entitled to adopt a general measure that in effect attributes to applicants liable for transfer under the Dublin III Regulation, Regulation (EU) No. 604/2013, any delays on or after the making of a transfer decision?
  4. Where an applicant leaves a member state having failed to seek international protection there and travels to another member state where he or she makes an application for international protection and becomes subject to a decision under the Dublin III Regulation, Regulation (EU) No. 604/2013, transferring him or her back to the first member state, can the consequent delay in dealing with the application for protection be attributed to the applicant for the purposes of Art. 15 of the Reception Conditions Directive (Recast)) 2013/33/EU?
  5. Where an applicant is liable to transfer to another member state under the Dublin III Regulation, Regulation (EU) No. 604/2013, but that transfer is delayed due to judicial review proceedings taken by the applicant which have the consequence of suspending the transfer pursuant to a stay ordered by the court, can the consequent delay in dealing with the application for international protection be attributed to the applicant for the purposes of Art. 15 of the Reception Conditions Directive (Recast)) 2013/33/EU, either generally or, in particular, where it may be determined in those proceedings that the judicial review is unfounded, manifestly or otherwise, or is an abuse of process?

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

 

Keywords: 
Dublin Transfer
Family reunification