The CJEU Judgment of November 30, 2023, and the Principle of Non-Refoulement: Impacts on the Transfer of Asylum Seekers
On November 30, 2023, the Court of Justice of the European Union (CJEU) issued a highly significant judgment concerning asylum and international protection. This decision pertains to the interpretation of Article 3, paragraphs 1 and 2, of Regulation (EU) No 604/2013, known as the Dublin III Regulation, establishing fundamental criteria for challenging transfers to other Member States. Specifically, the Court clarified that a court cannot examine the risk of violating the principle of "non-refoulement" without first ascertaining the existence of systemic deficiencies in the country of transfer.
The Principle of Non-Refoulement and its Application
The principle of "non-refoulement" is a crucial element of international law, prohibiting the transfer of asylum seekers to countries where they may face persecution or torture. The CJEU judgment reiterated that, in cases of appeals against transfer decisions, it is essential for the court to verify whether adequate reception conditions and efficient asylum procedures exist in the destination country. This approach highlights the duty of judicial authorities to ensure the protection of the fundamental rights of asylum seekers.
The Judgment and the Specific Case
In the case examined, the Court dealt with the situation of a Pakistani national transferred to Slovenia. Although the applicant had provided detailed documentation and arguments regarding potential risks upon transfer, the court had erroneously considered Slovenia a "safe country" without conducting the necessary in-depth assessments of reception conditions. The CJEU therefore quashed the court's judgment, emphasizing the obligation for a thorough analysis of situations in the countries of transfer.
Art. 3, paragraphs 1 and 2, of Regulation (EU) No 604/2013 (so-called Dublin III) - Interpretation given by the CJEU in its judgment of November 30, 2023 - Challenge to transfer to a Member State - Judicial review - Assessment of the existence of a risk of violation of the principle of "non-refoulement" - Prior ascertainment of systemic deficiencies in the transferring Member State - Necessity - Factual circumstances. In the context of international protection, following the CJEU judgment of November 30, 2023, Article 3, paragraphs 1 and 2, of Regulation (EU) No 604/2013 must be interpreted to mean that, in cases where the foreigner expressly mentions it, providing appropriate arguments and corresponding documentation, the competent court deciding on the appeal against the administrative transfer decision to a Member State cannot examine the existence of a risk of violation of the principle of "non-refoulement" if, preliminarily, it has not ascertained the existence, in that requested Member State, of systemic deficiencies in the asylum procedure and in the reception conditions for applicants for international protection. (In this case, the Supreme Court, in relation to the appeal against the decision by which the Dublin Unit had ordered the transfer of a Pakistani citizen to Slovenia, quashed the judgment of the court which, despite the specific indications and precise documentation attached by the applicant, had omitted the necessary in-depth assessments regarding the reception conditions for asylum seekers in Slovenia, thus considering it a "safe country").
Conclusions
In summary, the CJEU judgment of November 30, 2023, represents a significant step forward in protecting the rights of asylum seekers in Europe. It not only strengthens the principle of "non-refoulement" but also requires a rigorous analysis of reception conditions in the countries of transfer. This approach aims to ensure that every asylum seeker can rely on a fair process and dignified conditions, without the risk of human rights violations. It is crucial for national courts to adopt this interpretation to guarantee effective protection in compliance with international standards.
