Decision of the Council of State, III Section, No. 4004 of 7 July 2016

By decision No. 4004/2016, the Council of State annulled the measure with which the Italian Directorate of Civil Service for Immigration and Asylum – ‘Dublin Unit’ had decided the transfer of an asylum seeker to Hungary. According to the Council of State, systemic deficiencies in the asylum procedure and the reception conditions of asylum seekers in that country were such as to pose significant risk of inhuman or degrading treatment of the asylum seekers. This, in contrast with humanitarian principles and Article 4 of the Charter of Fundamental Rights of the EU.