CJEU: Member States Cannot Refuse Asylum Seekers' Transfer Without Consequences

The Court of Justice of the European Union (CJEU) has ruled that member states cannot unilaterally refuse the transfer of asylum seekers under the Dublin III Regulation without facing consequences.

The decision concerns a case where Italy refused to take in asylum seekers, which, according to the CJEU, undermines the system of responsibility sharing among member states.

In 2022, Italy announced that it would no longer accept transfers of asylum seekers, leading to a legal dispute with Germany. The CJEU clarified that a unilateral declaration does not relieve a member state of its obligations.

However, if the transfer does not take place within six months, the responsibility is transferred to the state that submitted the request, such as Germany. The decision ensures asylum seekers' access to the asylum process.

The CJEU reminded that the European Commission or other member states can appeal against a member state that violates the Dublin III Regulation.

Source: ΚΥΠΕ