Legal provisions of COM(2014)382 - Determination of the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, etc. in a Member State - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)382 - Determination of the Member State responsible for examining the application for international protection of unaccompanied ... |
|---|---|
| document | COM(2014)382  |
| date | June 26, 2014 |
Article 1
"4a. Where the unaccompanied minor has no family member, sibling or relative legally present in a Member State as referred to in paragraphs 1 and 2, the Member State responsible shall be the one where the unaccompanied minor has lodged an application for international protection and is present, provided that this is in the best interests of the minor.
4b. Where an applicant as referred to in paragraph 4a is present in the territory of a Member State without having lodged an application there, that Member State shall inform the unaccompanied minor of the right to make an application and give him or her an effective opportunity to lodge an application in that Member State.
Where the unaccompanied minor referred to in the first subparagraph lodges an application in the Member State where he or she is present that Member State shall become responsible for examining that application, provided this is in the best interests of the minor.
Where the unaccompanied minor referred to in the first subparagraph does not lodge an application in the Member State where he or she is present, the Member State responsible shall be the one where the unaccompanied minor has lodged his or her most recent application, unless this is not in the best interests of the minor.
4c. The Member State requested to take back an unaccompanied minor shall cooperate with the Member State where the unaccompanied minor is present in order to assess the best interests of the minor.
4d. The Member State, which is responsible pursuant to paragraph 4a, shall inform the following Member States, as applicable, thereof:
(a) the Member State previously responsible;
(b) the Member State conducting a procedure for determining the Member State responsible;
(c) the Member State which has been requested to take charge of the unaccompanied minor;
(d) the Member State which has been requested to take back the unaccompanied minor.
That information shall be sent using the ‘DubliNet’ electronic communication network set up under Article 18 of Regulation (EC) No 1560/2003."
Article 2
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.