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Spain
Country of Decision : Spain
Court Name : ES: High Court of Justice [Tribunal Superior de Justicia]
Date of decision : 22/11/2018
Type : Judgment
ECLI : ES:TSJM:2018:12520
Case Number/Citation/ Document Symbol : STSJ M 12520/2018 Resolution: 913/2018

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

On November 2018, the Supreme Court of Madrid ruled that the Spanish authorities had to ensure the access to a reception centers to an international protection applicant who previously abandon the assigned center to travel to the Netherlands. The Ministry of Labour and Social Security had withdrawn access to the reception system based on the ground that the applicant lost his right to stay there when left his previous center without previous communication. According to the Spanish Constitution, the European Convention of Human Rights and the EU Charter of Fundamental rights, the re-admission must be ensure based on the right to physical and moral integrity and the right of defense, specially in this case where the applicant is in a situation of special vulnerability due to his medical condition. 

Dublin procedures; Medical condition; Reception/Accommodation; Vulnerable Group;

EU Charter of Fundamental Rights ; European Convention on Human Rights; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO Annual Report on the Situation of Asylum in the EU

Spain,ES: High Court of Justice [Tribunal Superior de Justicia], Fermin vs Ministry of Employment and Social Security (Ministerio de Empleo y Seguridad Social), 22/11/2018, ES:TSJM:2018:12520
ES: High Court of Justice ruled that the Spanish authorities have to ensure access to the reception system by international protection applicants transferred from other Member State.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=658