Analysis of Order No. 10331 of 17/04/2024: Information Obligations in the Transfer of International Protection Applicants

The recent Order No. 10331 of April 17, 2024, issued by the specialized immigration section of the Court of Rome, offers important clarifications regarding the information obligations incumbent upon the competent authority in the context of transferring international protection applicants. This ruling is part of a complex European regulatory framework, influenced by the need to guarantee the rights of asylum seekers, particularly in light of EU Regulation No. 604/2013, known as the Dublin Regulation.

The Regulatory Context and Relevant Provisions

The case concerns the transfer of an international protection applicant by one European Union Member State to another, based on the provisions of the Dublin Regulation. In particular, Articles 4 and 5 of the said Regulation establish specific information obligations for the competent authority, which must ensure that the applicant receives all necessary information to proceed with their application.

• Article 4: Information obligations towards the applicant
• Article 5: Registration and identity verification obligations

The Court of Justice of the European Union has recently interpreted these rules, emphasizing that they cannot be considered interchangeable or absorbed by other obligations provided for by national legislation, such as those established by Article 10 of Legislative Decree No. 25 of 2008.

The Significance of the Ruling's Maxim

“221 et seq.), despite the unity of the procedure, cannot be considered either absorbed or interchangeable with those provided for the international protection application by Article 10 of Legislative Decree No. 25 of 2008, but must specifically concern the applications (during the hearing) and the information expressly specified in the aforementioned articles of the regulation, as they are functional to enabling the applicant to provide the authority with all useful information to identify the Member State competent to examine their international protection application; consequently, if these specific requirements are not met by the administrative authority, which bears the burden of proof, the transfer decision must be annulled.”

This maxim represents a crucial point for understanding the necessity of clear and direct treatment of asylum seekers. The ruling establishes that specific information obligations must be respected and that their failure to comply can lead to the annulment of the transfer decision. This is particularly significant in a period when asylum procedures are under scrutiny for their efficiency and correctness.

Conclusions

Order No. 10331 of 2024 underscores the importance of ensuring a fair legal process for international protection applicants. It reiterates that information obligations are not mere bureaucratic formalities but essential tools to ensure that applicants' rights are respected. The ruling, therefore, not only clarifies the regulatory framework but also contributes to strengthening the protection of fundamental rights within the context of European asylum procedures.