The judgment of the supreme court sentencing spain for failing to duly comply with the council decisions (eu) 2015/1523 and 2015/1601 on international protection for the benefit of Italy and Greece (sts 2546/2018, 9 july 2018)

• Autores: Eduardo Jiménez Pineda
• Localización: SYbIL: Spanish yearbook of international law, ISSN 0928-0634, Nº 22, 2018, págs. 439-450
• Idioma: inglés
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• Resumen

  • This note analyses the Judgment of the Supreme Court of 9 July 2018 sentencing Spain for failing to duly comply with the Council Decisions (European Union, hereinafter EU) establishing provisional measures in the area of international protection for the benefit of Italy and Greece, in other words, the Council Decisions 2015/1523 of 14 September 2015, OJ 2015 L 239/146, and 2015/1601 of 22 September 2015, OJ 2015 L 248/48, establishing the legal regime to relocate in other EU Member States the thousands of asylum seekers who massively arrived in Italy and Greece since 2014. In this sense, the association Associació de support a stop mare mortumappealed the rejection by administrative silence of a request of 21 April 2017 and sought the Spanish Government to immediately accomplish its obligations of relocating applicants of international protection, at least, in the measure of the quotas established for Spain by the aforesaid Decisions. Despite the lack of due cooperation between the European Union Member States, even Italy and Greece, the Supreme Court decided, in accordance with the two Decisions and the acquis communautaire, that Spain has partly breached its administrative obligations provided by the EU Decisions and, consequently, it shall continue processing the applications of international protection according to the Decisions and future agreements that the European Institutions may adopt.