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European Union: Court of Justice of the European Union

To ensure that the law is enforced, understood and uniformly applied in all Member States, a judicial institution is essential. That institution is the Court of Justice of the European Communities. It is composed of three courts: the Court of Justice (created in 1952), the Court of First Instance (created in 1988) and the Civil Service Tribunal (created in 2004). The Court of Justice of the European Communities, together with the national courts, thus constitutes the European Community’s judiciary. The Court’s main task is to interpret Community law uniformly and to rule on its validity. It answers questions referred to it by the national courts, which play a vital role, as they apply Community law at local level. The judgments of the Court of Justice of the European Communities — together with the treaties, regulations, directives and decisions — make up Community law.  Website: curia.europa.eu/en/
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Opinion of Advocate General Hogan, delivered on 11 February 2021, Case C‑921/19, LH v. Staatssecretaris van Justitie en Veiligheid

The maintenance by a determining authority of a Member State of a practice whereby original documents can never constitute new elements or findings for the purposes of a subsequent asylum application if the authenticity of those documents cannot be established is incompatible with Article 40(2) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 4(2) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. There is no difference between copies of documents or documents originating from a non-objectively verifiable source submitted by an applicant in a subsequent application in so far as all documents have to be considered carefully and rigorously on an individual basis in order to ascertain whether they significantly add to the likelihood that the applicant qualifies as a beneficiary of international protection and in order to prevent a person from being expelled if he or she faces an individual and real risk of being subjected to treatment contrary to Article 19(2) of the Charter of Fundamental Rights of the European Union. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(2) of Directive 2011/95, cannot be interpreted as permitting a determining authority of a Member State, when assessing documents and assigning probative value to such documents, to distinguish between documents submitted in an initial application and those submitted in a subsequent application. A Member State, when assessing documents in a subsequent application, is obliged to cooperate with the applicant to the same extent as in the initial procedure.

11 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Fresh / New claim - Refugee / Asylum law | Countries: Afghanistan - Netherlands

Ahmad Shah Ayubi v Bezirkshauptmannschaft Linz-Land (C‑713/17) (request for preliminary ruling)

1. Article 29 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, must be interpreted as meaning that it precludes national legislation, such as that at issue in the main proceedings, which provides that refugees with a temporary right of residence in a Member State are to be granted social security benefits which are less than those received by nationals of that Member State and refugees who have a permanent right of residence in that Member State. 2. A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

21 November 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Economic, social and cultural rights - Refugee / Asylum law | Countries: Austria

A.S. v Republika Slovenija

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Border controls - Border crossers - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures - Rejection at border | Countries: Slovenia - Syrian Arab Republic

Tsegezab Mengesteab v Bundesrepublik Deutschland

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Asylum policy - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures | Countries: Eritrea - Germany

Daher Muse Ahmed v Bundesrepublik Deutschland

5 April 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Asylum policy - Complementary forms of protection - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures | Countries: Germany

X and X v. État belge

7 March 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Refugee / Asylum law - Visas | Countries: Belgium - Syrian Arab Republic

C. K., H. F., A. S. c. Republika Slovenija

16 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Deportation / Forcible return - Reception - Refugee / Asylum law | Countries: Slovenia

C. K., H. F., A. S. v Republika Slovenija

16 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Reception - Refugee / Asylum law | Countries: Slovenia

Case C 560/14 M. v. Minister for Justice and Equality, Ireland and the Attorney General

9 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2004 Qualification Directive (EU) | Topic(s): Complementary forms of protection - Refugee / Asylum law | Countries: Ireland - Rwanda

Conclusions de l'avocat Général M. Paolo Mengozzi de l'avocat : X.,X. c. État belge

7 January 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Refugee / Asylum law | Countries: Belgium - Syrian Arab Republic

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