M.S.S. v. BELGIUM AND GREECE JUDGMENT 69 considerable disparities in the way European Union member States applied the Dublin Regulation and the domestic courts assessed the lawfulness of the transfers when it came to evaluating the risk of violation of fundamental rights, in particular when the State responsible for dealing with the asylum application had not properly transposed the other Community measures relating to asylum. The AIRE Centre and Amnesty International considered that States which transferred asylum-seekers had their share of responsibility in the way the receiving States treated them, in so far as they could prevent human rights violations by availing themselves of the sovereignty clause in the Dublin Regulation. The possibility for the European Commission to take action against the receiving State for failure to honour its obligations was not, in their opinion, an effective remedy against the violation of the asylum-seekers’ fundamental rights. Nor were they convinced, as the Court of Justice of the European Union (CJEU) had not pronounced itself on the lawfulness of “Dublin” transfers when they could lead to such violations, of the efficacy of the preliminary ruling procedure introduced by the Treaty of Lisbon. 334. The Greek Helsinki Monitor (GHM) pointed out that at the time of the applicant’s expulsion there had already been a substantial number of documents attesting to the deficiencies in the asylum procedure, the reception conditions for asylum-seekers and the risk of direct or indirect refoulement to Turkey. GHM considered that the Belgian authorities could not have been unaware of this, particularly as the same documents had been used in internal procedures to order the suspension of transfers to Greece. According to GHM, the documents concerned, particularly those of the UNHCR, should make it possible to reverse the Court’s presumption in K.R.S. v. the United Kingdom (cited above) that Greece fulfilled its international obligations in asylum matters. C. The Court’s assessment 1. Admissibility 335. The Belgian Government criticised the applicant for not having correctly used the procedure for applying for a stay of execution under the extremely urgent procedure, not having lodged an appeal with the Aliens Appeals Board to have the order to leave the country set aside and not having lodged an administrative appeal on points of law with the Conseil d’Etat. They accordingly submitted that he had not exhausted the domestic remedies and invited the Court to declare this part of the application inadmissible and reject it pursuant to Article 35 §§ 1 and 4 of the Convention. 336. The Court notes that the applicant also complained of not having had a remedy that met the requirements of Article 13 of the Convention for

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