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Czech Republic / Supreme Administrative Court / 10 Azs 122/2015 - 150

S. A. C., A. A. C., A. A. C. v the Ministry of the Interior

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Decision date:

Key facts of the case:

The plaintiffs – asylum-seekers – were held in administrative detention in order to be transferred to the responsible Member State (Hungary) since there was a risk of them absconding. The decision to place them in administrative detention had been cancelled by the Regional Court in Ústí nad Labem. The court stated that according to Article 28, Paragraph 2 of Dublin Regulation No. 604/2013 the Police are authorised to detain a foreign national if there is a risk of absconding, but the specific criteria to determine the ‘risk of absconding’ must be defined in national law. Since there is no such list of criteria in Czech law, Article 28 of the Dublin regulation could not be applied and the decision was therefore unlawful. The Police appealed the decision. The Supreme Administrative Court submitted a preliminary question to the CJEU; the CJEU judged that the existence of such a list is a condition sine qua non for applying Article 28 of the Dublin Regulation (decision from 15 March 2017, A. C., C-528/15). Therefore, the Supreme Administrative Court upheld the lower court’s decision. When paraphrasing the CJEU’s decision, the Supreme Administrative Court cited the Charter.

Outcome of the case: The court decided that national law must contain a list of criteria for determining the ‘risk of absconding’. Otherwise Article 28 of the Dublin Regulation cannot be applied.