CJEU, 13 November 2018, X & X, c-47/17 and C-48/17

Rapid processing of the asylum application “in the spirit of sincere cooperation”: the case of failing to reply in a timely manner to a re-examination request in take back and take charge procedures

Abstract

With the ruling X and X of 13 November 2018 (joint cases C-47/17 and C-48/17), the Court of Justice of the European Union established that in case of a failure to reply to a re-examination request within the prescribed period of two weeks in Dublin take back or take charge procedures, the requesting Member State becomes responsible for the examination of the asylum application. The Court of Justice contributes to the interpretation of the Dublin system implementation, stressing that the rules and procedures underlying the allocation of responsibility for the asylum claim should be in compliance with the objective of facilitating a swift examination of applications.