You are here:

Czechia / Supreme Administrative Court / 10 Azs 305/2019-25

N.K., the Police of the Czech Republic

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
28/04/2020
Key facts of the case:

The Plaintiff, a citizen of Afghanistan, applied for asylum in the Czech Republic. The Police issued a decision on transferring the Plaintiff to Bulgaria as the first Member State in which the Plaintiff’s application was logged. The Plaintiff filed an administrative action and argued that there are systemic flaws in the asylum system in Bulgaria – for example, insufficient provisions for the basic needs of applicants or a low probability of applicants from Afghanistan being granted protection. The lower court dismissed the action and the Plaintiff filed a cassational complaint. The Supreme Administrative Court found the original decision correct and justified. The Supreme Court pointed out that according to Article 3 paragraph 2 of the Dublin III Regulation, the systemic flaws in the asylum procedure and in the reception condition for applicants must result in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter. This question was briefly assessed by the Defendant in the decision – the Plaintiff did not claim and the Defendant had no information on the risk of the transfer to Bulgaria constituting a breach of the human rights standards to which Member States ascribe.

Key legal question raised by the Court:
Did the Defendant have a reason to believe that in the transfer of the Plaintiff to Bulgaria is a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter?
Outcome of the case:
The Supreme Administrative Court stated that there is evidence that there could be a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter in the Member State; Police are not required to elaborate in detail the grounds for this part of the decision on transferring an applicant. Not all systemic flaws in the asylum procedure and in the reception conditions are relevant in terms of Article 3 paragraph 2 of the Dublin III Regulation – just those that represent a breach of Article 4 of the Charter.