Article 1 - Human dignity
Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Requests for a preliminary ruling from the High Court (Irlande) and International Protection Appeals Tribunal.
References for a preliminary ruling – Border controls, asylum and immigration – International protection – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State – Decision to transfer to the first Member State – Regulation (EU) No 604/2013 – Access to the labour market as an applicant for international protection.
Outcome of the case:
On those grounds, the Court (Fourth Chamber) hereby rules:
45) The referring court and tribunal also observe that the right of access to the labour market conferred by Directive 2013/33, at issue in the main proceedings, falls within the right to human dignity guaranteed in Article 1 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
88) Those provisions must be interpreted in the light of recital 19 of the Dublin III Regulation, which states that, in order to guarantee effective protection of the rights of applicants for international protection, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance with Article 47 of the Charter. It has thus been held, first, that the EU legislature did not intend that judicial protection enjoyed by applicants for international protection should be sacrificed to the requirement of expedition in the processing of their application, by guaranteeing them effective and complete judicial protection (see, to that effect, judgments of 7 June 2016, Ghezelbash, C‑63/15, EU:C:2016:409, paragraph 57, and of 31 May 2018, Hassan, C‑647/16, EU:C:2018:368, paragraph 57), and, secondly, that a restrictive interpretation of the scope of the remedy provided for in Article 27(1) of the Dublin III Regulation might thwart the attainment of that objective (see, to that effect, judgment of 26 July 2017, Mengesteab, C‑670/16, EU:C:2017:587, paragraphs 46 and 47).