About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2019-02 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2019)

handle is hein.intyb/rcbjcofi0412 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL SHARPSTON delivered on 29 November 2018' Joined Cases C-582/17 and C-583/17 Staatssecretaris van Veiligheid en Justitie v H. (C-582/17) R. (C-583/17) (Request for a preliminary ruling from the Raad van State (Council of State) (Netherlands)) (Reference for a preliminary ruling - Regulation (EU) No 604/2013 - Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national - Successive applications lodged in two Member States - Take back request - Application of the criteria for determining the Member State responsible by the requesting Member State - Article 27 - Whether the scope of judicial review covers misapplication of the Chapter III criteria by the requesting Member State) 1. By these two requests for preliminary rulings the Raad van State (Council of State, Netherlands) seeks guidance on the application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.2 In circumstances where third-country nationals move from one Member State to another Member State lodging requests for international protection in each, the second Member State sends a take back request and adopts a decision to transfer the person concerned to the first Member State. The referring court asks: (i) whether the second Member State is able (or indeed required) to apply the criteria laid down in the Dublin III Regulation (in particular those concerning family unity) to determine which Member State is responsible; and (ii) whether the rights of review or appeal guaranteed by that regulation are available to challenge a misapplication of those criteria. 1 Original language: English. 2 Regulation of the European Parliament and of the Council of 26 June 2013 (OJ 2013 L 180, p. 31; 'the Dublin III Regulation'). That regulation is part of the Common European Asylum System (CEAS). Other measures include Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9; 'the Qualification Directive') and Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60; 'the Procedures Directive'). ECLJ:EU:C:2018:9751 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most