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Mr Shiri, an Iranian national, entered the territory of the European Union in Bulgaria, where he applied for international protection on February He then went to Austria where he applied for international protection again on March Austria decided that Bulgaria was the Member State responsible for his application and Bulgaria agreed to take him back.
Shiri appealed that decision arguing that Austria had become the Member State responsible for his asylum application since the transfer was not carried out within the six-month period from the acceptance of that request, as required under the Dublin III Regulation in Article 29 1 and 2.
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The Court first focuses on the second question. The CJEU found apparent from the wording of Article 29 2 DRIII that responsibility is automatically transferred to the requesting Member State after the expiry of the six-month period, without the need of any reaction from the part of the requested Member State.
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The Court argued that this interpretation is also consistent with the objectives of the Dublin III Regulation, particularly the rapid processing of applications for international protection. With regard to the first question, concerning the scope of the right to an effective remedy laid down in Article 27 1 DRIII, the Court, in line with its ruling in Mengesteab, affirms that Article 27 1 DRIII must be interpreted as meaning that the observance of procedural safeguards laid down in that Regulation fall under the right to an effective remedy.
Therefore, an applicant for international protection can rely, before a court or tribunal, on the expiry of the period laid down for his transfer to another Member State in order to challenge that transfer. That is true irrespective of whether that period expired before or after the transfer decision was adopted.plemtonmegoodgmea.gq
The Member State that became responsible for the application following the expiry of the six-month period must take, on their own initiative, the necessary measures to acknowledge that responsibility and to initiate the examination of the application for international protection. The right which national legislation such as that at issue in the main proceedings accords to such an applicant to plead circumstances subsequent to the adoption of that decision, in an action brought against it, meets that obligation to provide for an effective and rapid remedy.
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With regard to the first question, AG Sharpston stressed the enhanced protection to applicants under DRIII and put forward that time limits provide a degree of certainty for applicants, thus not being limited to a procedural matter. Regarding the second question, based on the wording and purposes of Article 29 1 , the Advocate General argued that inserting additional conditions into the process of transferring responsibility would be incompatible with the aim of determining swiftly the MS responsible — thus, the expiry of the six month period is sufficient of itself for the shifting of responsibility to take place.
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