Last Updated: Tuesday, 23 May 2023, 12:44 GMT

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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X v. Staatssecretaris van Justitie en Veiligheid Case C‑69/21

The Court adopted the view that a return decision or removal order does not infringe the right to respect for the private life of a third-country national concerned on the sole ground that, if he or she were returned to the receiving country, that national would be exposed to the risk that his or her state of health deteriorates, where such a risk does not reach the severity threshold required under Article 4 of the Charter. Nonetheless, the Court ruled that the national's state of health and the care received must be considered by the competent national authority, along with other relevant factors (such as social ties, dependency, and health fragility), when determining whether the national's right to respect for private life precludes removal.

22 November 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Border controls - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to health | Countries: Netherlands - Russian Federation

Bundesrepublik Deutschland gegen Adel Hamed (C‑540/17), Amar Omar (C‑541/17) (Vorlage zur Vorabentscheidung)

13 November 2019 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Decision on admissibility - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures | Countries: Germany - Syrian Arab Republic

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

7 February 2017 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Freedom from torture, inhuman and degrading treatment - Torture - Visas | Countries: Belgium

Mohamed M'Bodj v État belge

18 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Right to health | Countries: Belgium - Mauritania

Conclusions de l'Avocat Général: Centre public d'action sociale d'Ottignies-Louvain-La-Neuve c Moussa Abdida

4 September 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Reception - Regional instruments - Residence permits / Residency | Countries: Belgium

K. v. Bundesasylamt

Reference for a preliminary ruling from the Asylgerichtshofs (Austria): Opinion of Advocate General Trstenjak.

6 November 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Freedom from torture, inhuman and degrading treatment - Regional instruments - Safe third country | Countries:

Reference for a preliminary ruling from the Asylgerichtshofs (Austria): Opinion of Advocate General Trstenjak

27 June 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Freedom from torture, inhuman and degrading treatment - Regional instruments - Safe third country | Countries: Austria - Poland

Elgafaji v. Staatssecretaris van Justitie

17 February 2009 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal armed conflict | Countries: Iraq - Netherlands

Elgafaji v. Staatssecretaris van Justitie: Opinion of Advocate General

9 September 2008 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Internal armed conflict | Countries: Iraq - Netherlands

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