Op-Ed: “Interpreting the Dublin Regulation amid fundamental rights violations at the EU’s border – Reflections on the Judgment of the Court of Justice in X v Staatssecretaris van Justitie en Veiligheid, C-392/22”

This op-ed analyzes the judgment of the Court of Justice of the European Union (CJEU) in X v Staatssecretaris van Justitie en Veiligheid (C-392/22), which addresses the interplay between fundamental rights violations at EU borders and the Dublin III Regulation’s principle of mutual trust. The case involves a Syrian asylum seeker contesting their transfer to Poland due to systemic deficiencies in its asylum system, including repeated pushbacks and harsh detention practices. The Court clarified that such practices, while serious violations of EU law and the Charter of Fundamental Rights, must fulfill specific conditions to halt Dublin transfers. The judgment reaffirms that systemic flaws affecting asylum seekers must be substantiated with evidence demonstrating risks post-transfer, emphasizing the role of individualized guarantees and updated information in assessing potential breaches of Article 4 CFR.