Asylum Seekers from Italy: Germany Not Immediately Responsible - ECJ Rules Italy Must Accept Asylum Seekers Under Dublin Regulation
The European Court of Justice (ECJ) has ruled that Italy cannot avoid responsibility for an asylum seeker under the Dublin Regulation. The decision comes after Germany sought clarification on the case of a Syrian man first registered in Italy.
The ruling also sets clear deadlines for deportation and shifts in responsibility between EU states.
The case began when Germany asked the ECJ to clarify whether Italy could refuse to take back a Syrian asylum seeker. Under the Dublin Regulation, the first EU country where an asylum seeker is registered must handle their application. Italy had previously stopped accepting returns but reversed this policy in December 2024, citing better reception conditions and security.
By early 2025, Italy resumed taking back asylum seekers, leading to more deportations from other EU states. However, the ECJ confirmed that responsibility does not automatically shift if Italy refuses. Instead, a six-month deadline applies from when a take-back request is accepted. If deportation does not happen within that time, the original state is no longer obligated to readmit the applicant.
The court also stressed that asylum seekers must be allowed to apply for protection. After the six-month period, the second country must examine the asylum claim. The Sigmaringen court in Germany will now decide the Syrian man's case, following the ECJ's legal guidance.
The European Commission or other member states can take legal action if countries fail to meet their Dublin obligations.
The ECJ's ruling reinforces the Dublin Regulation's rules on responsibility and deadlines. Italy must now comply with take-back requests unless it can justify refusal. The decision also ensures asylum seekers retain the right to apply for protection, even if responsibility shifts between EU states.
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