Judgment No. 20087 of 2024: Information Obligations and International Protection

The recent judgment No. 20087 of July 22, 2024, issued by the Court of Rome, offers important food for thought on the topic of international protection, particularly regarding the information obligations that must be respected by the competent authorities. This order is part of a European regulatory framework, specifically EU Regulation No. 604 of 2013, known as the Dublin Regulation, which governs the procedures for handling asylum applications among Member States.

Information Obligations and the Right to Defence

The judgment clarifies that, in the case of an asylum seeker being transferred by the Dublin Unit to another Member State, it is essential for the Administration to fulfil the information obligations provided for in Articles 4 and 5 of the EU Regulation. In particular, verifying the proper fulfilment of these obligations must take precedence over the assessment of the defence arguments presented by the applicant in court.

CONDITION OF International Protection - Dublin Unit - Transfer of the applicant - Information obligations - Modalities of proper fulfilment - Failure to deliver the brochure pursuant to art. 4 of EU Reg. No. 604 of 2013 - Relevance - Limits. In proceedings before the specialised section of the Court, on an appeal against the transfer decision issued by the Dublin Unit for the readmission of the international protection applicant by another Member State, the verification of the Administration's proper fulfilment of the information obligations contained in Articles 4 and 5 of EU Reg. No. 604 of 2013, according to the interpretation provided by the Court of Justice in the judgment of November 30, 2023, must precede the assessment of any defence arguments made by the foreign citizen in court, because the former can affect the exercise of the specific right of defence recognised to him and, in the event that the interview pursuant to art. 5 of the EU Reg. was not preceded by the delivery of the brochure pursuant to art. 4, the violation of the obligation to deliver the brochure may not be relevant only in case of correct and complete execution of the personal interview, which has not effectively deprived the foreign citizen of the possibility to assert his arguments.

Implications of the Judgment and Legal References

This judgment serves as an important legal precedent, as it highlights how the violation of information obligations can compromise the asylum seeker's right to defence. The importance of correct information cannot be underestimated, as it represents a fundamental right for those in a vulnerable situation. The Dublin Regulation, in fact, emphasizes a humane and legal approach to be followed in cases of international protection.

• Respect for human rights
• Obligation of prior information
• Importance of transparency in asylum proceedings

Conclusions

Judgment No. 20087 of 2024 represents a significant step towards the recognition and safeguarding of the rights of asylum seekers. It underscores the importance of a legal process that is not only effective but also fair and respectful of fundamental rights. The competent authorities must ensure that information is adequately provided so that applicants can exercise their right to defence in a full and informed manner.