ABSTRACT – This paper analyzes the Daraa judgment of the Court of Justice (5 March 2026), which addresses the consequences arising from the unilateral suspension of Dublin transfers ordered by Italy at the end of 2022. The Court excludes the possibility of equating this suspension with the notion of “systemic flaws” under Article 3(2) of the Dublin III Regulation. Instead, it leverages Article 29, which provides for the automatic transfer of competence to the requesting Member State in the event of non-compliance with the deadlines, identifying this mechanism as an essential tool to guarantee effective access to the asylum procedure. The paper highlights how the Court prioritizes the need to ensure effective access to the asylum procedure, even in the face of difficulties arising from the functioning of the Dublin system and the tensions that solution creates regarding the principle of mutual trust among Member States. Finally, the principles affirmed by the Court are examined in light of the new legislative framework introduced by Regulation (EU) 2024/1351, with specific reference to the new solidarity mechanism and the persistent criticalities deriving from its flexible nature.
