M.S.S. v. BELGIUM AND GREECE JUDGMENT
15
the taking of responsibility for an asylum application and the calculation of
the deadline for making the transfer where the legislation of the requesting
member State provided for appeals to have suspensive effect. The CJEC
found that time started to run following the decision on the merits of the
request.
82. The CJEU has recently received a request from the Court of Appeal
(United Kingdom) for a preliminary ruling on the interpretation to be given
to the sovereignty clause in the Dublin Regulation (N.S. and Others, case
C-411/10).
(b) The European Union’s directives on asylum matters
83. Three other European texts supplement the Dublin Regulation.
84. Council Directive 2003/9/EC of 27 January 2003 laying down
minimum standards for the reception of asylum-seekers in the member
States (“the Reception Directive”), came into force on 6 February 2003, the
day of its publication in the Official Journal of the European Union
(OJ 2003 L 31 p. 18). It requires the member States to guarantee asylumseekers:
– certain material reception conditions, including housing, food and
clothing, in kind or in the form of financial allowances; the allowances must
be sufficient to protect the asylum-seeker from extreme need;
– arrangements to maintain family unity;
– medical and psychological care; and
– access for minors to the education system, and to language classes
where necessary for them to undergo normal schooling.
In 2007 the European Commission asked the CJEC (now the CJEU) to
examine whether Greece was fulfilling its obligations concerning the
reception of refugees. In a judgment of 19 April 2007 (Case C-72/06
Commission v. Greece), the CJEC found that Greece had failed to fulfil its
obligations under the Reception Directive. The Greek authorities
subsequently transposed the Reception Directive.
On 3 November 2009 the European Commission sent a letter to Greece
announcing that it was bringing new proceedings against it.
85. Council Directive 2005/85/EC of 1 December 2005 on minimum
standards on procedures in member States for granting and withdrawing
refugee status (“the Procedures Directive”), which came into force on
13 December 2005, the day of its publication in the Official Journal (OJ
2005 L 326 p. 13), guarantees the rights listed below.
– An application for asylum cannot be rejected on the sole ground that it
has not been made as soon as possible. In addition, applications shall be
examined individually, objectively and impartially.
– Asylum applicants have the right to remain in the member State
pending the outcome of the examination of their application.