H. (international protection lodged in one of the Member States by a third-country national - Opinion)

(Request for a preliminary ruling from the Raad van State (Council of State) (Netherlands))

(Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Successive applications lodged in two Member States — Take back request — Application of the criteria for determining the Member State responsible by the requesting Member State — Article 27 — Whether the scope of judicial review covers misapplication of the Chapter III criteria by the requesting Member State)

Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’) ( 3 ) guarantees the right to respect for family life. ( 4 ) The first paragraph of Article 47 provides that everyone whose rights and freedoms guaranteed by EU law are violated has the right to an effective remedy before a court or tribunal. ( 5 )

Article 52(3) states that in so far as the Charter ‘… contains rights which correspond to rights guaranteed by the [ECHR], the meaning and scope of those rights shall be the same as those laid down by the [ECHR]. This provision shall not prevent Union law providing more extensive protection’.

The Dublin system provides the criteria and mechanisms to establish the Member State responsible for examining applications for international protection. ( 6 )