Traduction de «transferred member » (Anglais → Français) :

1. The costs necessary to transfer an applicant or another person as referred to in Article 18(1)(d) to the responsible Member State shall be met by the transferring Member State.

This obligation to exercise the right to assume responsibility arises, in the view of Advocate General Trstenjak, first, from the obligation on Member States to apply Regulation No 343/2003 in a manner which respects fundamental rights. Second, the obligation arises from the fact that the transfer of asylum seekers to a Member State in which there is a serious risk that the fundamental rights guaranteed to them under the Charter of Fundamental Rights may not be respected also constitutes, in principle, a breach of those fundamental rights on the part of the transferring Member St ...[+++]ate.

From this the Advocate General also concludes that the transferring Member State must, before it transfers an asylum seeker, determine whether that asylum seeker will be exposed, in the Member State which is primarily responsible, to a serious risk that the rights guaranteed to him under the Charter of Fundamental Rights will be violated.

In this context, the transferring Member State may proceed on the assumption that those rights will be respected; if that assumption is shown to be misplaced, however, that Member State is under an obligation to exercise its right to assume responsibility for examining the asylum application itself

By exercising the right to assume responsibility itself, the transferring Member State eliminates entirely the threat of a breach of the Charter of Fundamental Rights and applies Regulation No 343/2003 in a manner which is consistent with fundamental rights.

The Directive lays down minimum requirements and so would not prevent Member States from adopting or retaining provisions that are more favourable in terms of protecting purchasers in this field, subject to their obligations under the Treaty (1) For the purposes of the Directive, a timeshare contract means any contract or group of contracts concluded for a minimum of three years by which, directly or indirectly, on payment of a certain global price, a real property right or any other right relating to the utilization of one or more immovable properties for a specified or specifiable period of the year, which may not be less than one week ...[+++], is established or is the subject of a transfer or an undertaking to transfer. Member States would have to comply with the Directive not later than three years after it is published, although they are committed to transposing it within as short a time as possible, in fact two years, in order to bring about swiftly a better standard of consumer protection in this field.