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11041

Question 11041 — foreigners

answeredFrance· National Assembly· FR

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9 September 2018

Summary

Ms. Marietta Karamanli draws the attention of the Minister of State, Minister of the Interior, to the application of Articles 16 and 17 of the European regulation known as “Dublin III”. This provides for “humanitarian grounds and discretionary clauses” under which it is possible to request the cancellation of a “Dublin readmission” on their basis. This may target different specific humanitarian situations which do not fall within the means targeted. by the other provisions. For example, cases of serious illnesses for which treatment would have started in France, significant traumatic situations, and the hypothesis of situations where readmitted people were victims of networks operating in the transfer States are cited. She would like to know the number of requests made and accepted on this basis in the country in recent years, to know whether legal recourse relying on such a means were able to succeed given the discretionary nature of the decision taken by the administrative authority and what “trend” would then emerge from the jurisdictional decisions. She wishes to know whether States can, between themselves, practice a form of reciprocity on the situations (same reasons, favorable examination in another State) thus referred to.

Machine translation from French. The official text remains authoritative.

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