CJEU: Requests for a preliminary ruling, C-661/17 M.A., S.A., A.Z.

Date: 
Monday, November 27, 2017

On 27 November 2017, the High Court of Ireland referred several questions to the CJEU regarding Article 17 of the Dublin III Regulation and the implications of Brexit on the application of the responsibility criteria under that Regulation. The questions referred by the Irish High Court in case C-661/17 M.A., S.A., A.Z. read as follows:

When dealing with transfer of a protection applicant under regulation 604/20131 to the UK, is a national decision-maker, in considering any issues arising in relation to the discretion under art. 17 and/or any issues of protection of fundamental rights in the UK, required to disregard circumstances as they stand at the time of such consideration in relation to the proposed withdrawal of the UK from the EU?

Does the concept of the “determining member state” in regulation 6[0]4/2013 include the role of the member state in exercising the power recognised or conferred by art. 17 of the regulation?

Do the functions of a member state [under] art. 6 of regulation 604/2013 include the power recognised or conferred by art. 17 of the regulation?

Does the concept of an effective remedy apply to a first instance decision under art. 17 of regulation 604/2013 such that an appeal or equivalent remedy must be made available against such a decision and/or such that national legislation providing for an appellate procedure against a first instance decision under the regulation should be construed as encompassing an appeal from a decision under art. 17?

Does art. 20(3) of regulation 604/2013 have the effect that in the absence of any evidence to displace a presumption that it is in the best interests of a child to treat his or her situation as indissociable from that of the parents, the national decision maker is not required to consider such best interests separately from the parents as a discrete issue or as a starting point for consideration of whether the transfer should be take place?



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Keywords: 
Best interest of the child
Dublin Transfer
Effective remedy (right to)