CJEU Case C-647/16 / Opinion

Adil Hassan v Préfet du Pas-de-Calais
Policy area
Justice, freedom and security
Deciding body type
Court of Justice of the European Union
Deciding body
Advocate General
Type
Opinion
Decision date
20/12/2017
ECLI (European case law identifier)
ECLI:EU:C:2017:1018
  • CJEU Case C-647/16 / Opinion

    Key facts of the case:

    Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Application for international protection — Interpretation of Article 26 of Regulation (EU) No 604/2013 — Obligation on national authorities having made a take back request not to adopt a transfer decision pending the requested State’s acceptance to take the person back.

    Outcome of the case:

    In the light of all the foregoing considerations, I propose that the Court answer the question referred for a preliminary ruling by the tribunal administratif de Lille (Administrative Court, Lille, France) as follows:

    Article 26(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person precludes a Member State which has submitted to the Member State that it considers to be responsible for such examination a request to take charge of or to take back a person under Articles 21, 23 and 24 of that regulation from adopting and notifying to the person concerned the decision to transfer him to the requested Member State before the latter has accepted to take charge of or to take back that person.

  • Paragraphs referring to EU Charter (original language)