Decision of the Council of State No. 5085 of 3 November 2017

The Council of State upheld the appeal of an Afghan citizen who, on the basis of the “Dublin III” Regulation, was entitled to apply for international protection in Bulgaria and not Italy. This, because it was reported that in Bulgaria there was not sufficient respect for the prohibition of torture and inhuman and degrading treatment (Article 3 ECHR and of Article 4 of the EU Charter of Fundamental Rights). Moreover, the Council of State highlighted that the EU Court of Justice, in accordance with the jurisprudence of the ECHR Court, reiterated that the Member States cannot deny international protection without previously ascertaining that this measure does not amount to a violation of the non-refoulement principle.