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CJEU Grand Chamber hears important case about burden sharing arrangements for asylum claims

DATE: 25 Apr 2017

On 25 April 2017, the Grand Chamber of the CJEU heard an important case arising from the 2015-2016 refugee crisis in Germany. Case C-670/16 Mengesteab concerns the Dublin III Regulation. In particular, it raises the question of the scope of the right of appeal available to applicants for international protection under the Regulation against decisions to transfer them to other Member States. The case arises from the large-scale admission of asylum seekers to Germany in 2015-2016, particularly from Hungary, and the subsequent difficulties of the German authorities in complying with the time-limits set out in the Regulation for making take charge requests to other Member States responsible under the Regulation for individual applicants. The questions referred raised the issue whether an applicant could rely on the failure of a Member State to comply with such time limits, or whether such matters concerned only the relations between Member States. 

Advocate General Sharpston will deliver her Opinion on 20 June 2017. 

David Blundell represented the United Kingdom, who intervened in the case, before the Grand Chamber.