CJEU, 20 May 2021, L.R., C-8/20, EU:C:2019:219

It’s not one of us! The Dublin System and associated countries: The Court of Justice clarifies the position of Norway

Résumé

In L.R., the Court of Justice deals with the involvement of Norway in the Dublin system. The key issue is whether an asylum application previously examined and rejected in a Dublin-associated country (like Norway) may be declared inadmissible as ‘subsequent application’ by an EU Member State. The Court rules that this is not possible: an asylum application cannot be dismissed on the ground that Norway has already rejected it, which means that EU Member States have to re-examine the application and process it ex novo. Although Norway applies the Dublin Regulation, it is not bound by the EU Asylum Directives and is not a member of the EU, nor cannot be treated in the same way as a Member State.