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Country of Decision : Spain
Court Name : ES: High Court of Justice [Tribunal Superior de Justicia]
Date of decision : 07/12/2018
Type : Judgment
ECLI : ECLI: ES:TSJM:2018:13292
Case Number/Citation/ Document Symbol : STSJ M 13292/2018 Resolution no. 494/2018

Juan Carlos vs Ministry of Employment and Social Security (Ministerio de Empleo y Seguridad Social)

As per EDAL, On 7 December 2018, the Superior Court of Madrid ruled that the Spanish authorities had to ensure that an asylum seeker transferred to Spain from Germany under the Dublin Regulation would have access to the reception system. The Ministry of Labour, Migration and Social Security had withdrawn access to the reception system for the applicant on the ground that he had renounced the right to reception by leaving the country. The applicant, who was living in a shelter for homeless persons upon his arrival from Germany, requested to be included in the reception system again, but his request was denied by the Ministry. He then challenged the decision following a special procedure for the protection of fundamental rights before Madrid’s Superior Court. By referring to an earlier judgment the Court had issued on a similar situation, as well as to the M.S.S. v Belgium and Greece case, the Court first observed that it could not consider a violation of Article 15 of the Spanish Constitution regarding the right to physical and moral integrity, due to the fact that the applicant could sleep and have access to food distribution in the homeless shelter, as well as benefit from psychological assistance and professional training provided by NGOs. This led the Court to conclude that even though he was not enjoying the specific reception conditions to which he would have had access, had he been included in the reception system, he was not forced to destitution. However, it found that the appellant's right to judicial protection, recognised under Article 24.1 of the Spanish Constitution, had been breached due to the fact that the Ministry had denied him access to the reception system even though he was still an asylum seeker. In this respect, the judges emphasized that several constitutional safeguards to the right of defence were disregarded by the authorities. It thus annulled the decision of withdrawal of reception conditions and ordered the Authorities to reinstate his access to the reception facilities.

Dublin procedures; Reception/Accommodation;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); EU Charter of Fundamental Rights ;

EASO Annual Report on the Situation of Asylum in the EU

Spain,ES: High Court of Justice [Tribunal Superior de Justicia], Juan Carlos vs Ministry of Employment and Social Security (Ministerio de Empleo y Seguridad Social), 07/12/2018, ECLI: ES:TSJM:2018:13292
ES: High Court of Justice ruled that the Spanish authorities have to ensure access to the reception system by asylum seekers transferred from other Member State.