Opinion of the Advocate General — ECLI:EU:C:2011:611
Date: 2011-09-22
Language of the case: English
Based on: Treaty on the Functioning of the European Union (consolidated version 2008)
Subject matter: Asylum policy;Principles, objectives and tasks of the Treaties;Area of freedom, security and justice;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: United Kingdom;Ireland

Reference for a preliminary ruling from High Court of Ireland made on 15 October 2010 - M. E. and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform (Case C-493/10) Language of the case: English Referring court High Court of Ireland Parties to the main proceedings Applicants: M. E. and others Defendants: Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform Questions referred Is the transferring Member State under Council Regulation (EC) No. 343/20031 obliged to assess the compliance of the receiving Member State with Article 18 of the Charter of Fundamental Rights and Freedoms of the EU, Council Directives 2003/9EC2, 2004/83/EC3 and 2005/85/EC4 and Council Regulation (EC) No. 343/2003? If the answer is yes, and if the receiving Member State is found not to be in compliance with one or more of those provisions, is the transferring Member Sate obliged to accept responsibility for examining the application under Article 3(2) of Council Regulation (EC) No. 343/2003? ____________ 1 - Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national OJ L 50, p. 1 2 - Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers OJ L 31, p. 18 3 - Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted OJ L 304, p. 2 4 - Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status OJ L 326, p. 13