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CJEU Grand Chamber hears conjoined claims on Procedures Directive and Dublin III Regulation

DATE: 14 May 2018

The CJEU Grand Chamber has heard three important conjoined cases on the interaction between the Procedures Directive and the Dublin III Regulation. Cases C-297/17, C-318/17 and C-319/17 Ibrahim and Case C-438/17 Magamadov raise a variety of issues about the evolution of the Common European Asylum System between the original Procedures Directive (Directive 2005/85/EC) and the recast Procedures Directive (Directive 2013/32/EU), in particular the scope of the inadmissibility provisions and whether (and how) they cover the position of an applicant who had been granted subsidiary protection in a different Member State. Case C-163/17 Jawo raises issues about the scope of protection under the Dublin III Regulation and whether it is necessary to have regard to likely risks, including possible breaches of Article 4 of the Charter of Fundamental Rights, and standards of protection after the grant of international protection in a host Member State (these issues also arise in Ibrahim and Magamadov).

Advocate General Wathalet has indicated that he will deliver his Opinion on 25 July 2018.

David Blundell appeared on behalf of the United Kingdom in all three cases.