Op-Ed: “Secondary Movements, Subsequent Applications and Inadmissibility: Insights from Joined Cases C‑123/23 and C‑202/23”

The issue of ‘secondary’ movements – when asylum seekers move between Member States after an asylum claim has been made – has been a longstanding challenge, and has dominated discussions surrounding the EU Pact on Migration and Asylum. Member States receiving asylum applications that have already been made in other Member States often face difficulties with take-back procedures, because of frequent refusals or strict transfer deadlines. These issues have led second Member States to adopt practices aimed at reducing administrative burdens in their asylum systems and discouraging such movements. Joined Cases C-123/23 and C-202/23 address some of these issues, focusing on whether Article 33(2)(d) of Directive 2013/32/EU (APD), which concern