Article 1 of the Dublin III Regulation, entitled ‘Subject matter’, states that ‘this Regulation lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (“the Member State responsible”).’Ĥ. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection.’ģ. (5) Such a method should be based on objective, fair criteria both for the Member States and for the persons concerned. ‘(4) The Tampere conclusions also stated that the should include, in the short-term, a clear and workable method for determining the Member State responsible for the examination of an asylum application. Recitals 4 and 5 of the Dublin III Regulation are as follows: The present Opinion considers whether diplomatic identity cards issued by a Member State under the Vienna Convention on Diplomatic Relations, concluded in Vienna on 18 April 1961 (‘the Vienna Convention’) ( 2), to third-country nationals who are staff of a diplomatic mission in that State are residence documents for the purpose of Article 2(l) of 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 international protection lodged in one of the Member States by a third-country national or a stateless person (‘the Dublin III Regulation’) ( 3), with the consequence that that Member State is responsible for examining applications for international protection made by holders of those documents.Ģ. (Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) No 604/2013 – Article 2(l) – Meaning of ‘residence document’ – Diplomatic identity card issued by a Member State – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Vienna Convention on Diplomatic Relations – Privileges and immunities – Right to stay on the territory of the receiving Member State)ġ.
(Request for a preliminary ruling from the Raad van State (Council of State, Netherlands)) Staatssecretaris van Justitie en Veiligheid
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