Council of State clarifies that detention under the Dublin III Regulation is unlawful prior to acceptance of requested Member State
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Via the ELENA Weekly Legal Update, 22 September 2017 (link): On 19 July 2017, the French Council of State ruled on the conditions for the lawfulness of a transfer decision and detention under the Dublin III Regulation, following the request for legal clarity solicited by the Administrative Court of Appeal of Douai. The Council of State clarified that, in light of the provisions of the Dublin III Regulation, an administrative authority must first obtain the acceptance of the requested Member State before issuing a transfer decision to that country. Therefore, it is only once the requested Member State accepts the take charge or take back request that a transfer decision can be taken and a fortiori communicated to the applicant. Consequently, the detention of an applicant due to a risk of absconding before a request has been accepted by the requested Member State must be considered unlawful.
See the ruling: Conseil d'État: ECLI:FR:CECHR:2017:408919.20170719 (French, pdf)
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