Common European Asylum System in a Changing World

 in the form of an appeal or a review,  in fact and in law, against a transfer decision,  before a court or tribunal.  reasonable period of time within which the applicant may exercise his or her right to an effective remedy shall be set,  Member States shall also set rules for non/automatic suspensive effect of the transfer decisions,  Member States shall ensure that the applicant has access to legal assistance and, where necessary, to linguistic assistance. Legal assistance shall include at least the preparation of the required procedural documents and representation before a court or tribunal and may be restricted to legal advisors or counsellors specifically designated by national law to provide assistance and representation. The procedure how to determine a Member State consists generally of these procedural steps:  The Member State with which an application for international protection has been lodged may request another Member State to take charge of the applicant as quickly as possible and in any case within 3 months of the date of the application (in the case of EURODAC hit within 2 months). Take back requests must be sent to the respective Member State within 2 months from EURODAC hit (if the request is based on evidence other than EURODAC search, it may be sent within 3 months).  The answer on the take charge request has to be sent within 2 months or in 1 month, where the urgency of the case is indicated by the requesting Member State. Take back request has to be answered within 14 days (Eurodac) and in 1 month (other evidence). Where no explicit answer is provided within the mentioned time –limits, there is an implicit acceptance including the obligation to provide the proper arrangements for arrival.  The requesting Member State may ask the requested Member State for a re- examination in the case of a negative reply (within 3 weeks and there must be an answer within 2 weeks).  The requesting Member State shall notify the person concerned of the decision to transfer them to the Member State responsible.  The transfer to the responsible Member State shall be carried out within the period of 6 months (12 months where the person concerned is imprisoned, or 18 months in the case of absconding). The time limit for a transfer has to be counted from the acceptance or from the final transfer decision. • Procedural aspects to determine which Member State is responsible

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