Administration of justice / Access to procedures

On those grounds, the Court (Fourth Chamber) hereby rules: Article 33(2)(d) 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 2(q) thereof, must be interpreted as precluding legislation of a Member State which provides for the possibility of rejecting as inadmissible an application for international protection, within the meaning of Article 2(b) of that directive, made to that Member State by a third-country national or a stateless person whose previous application seeking the grant of refugee status, made to a third State implementing Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, in accordance with the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway – Declarations, had been rejected by that third State.

20 May 2021 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Secondary movement | Countries: Germany - Iran, Islamic Republic of

Hungary has failed to fulfil its obligations: – in providing that applications for international protection from third-country nationals or stateless persons who, arriving from Serbia, wish to access, in its territory, the international protection procedure, may be made only in the transit zones of Röszke and Tompa, while adopting a consistent and generalised administrative practice drastically limiting the number of applicants authorised to enter those transit zones daily; – in establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa, without observing the guarantees provided for in Article 24(3) and Article 43 of Directive 2013/32 and Articles 8, 9 and 11 of Directive 2013/33; – in allowing the removal of all third-country nationals staying illegally in its territory, with the exception of those of them who are suspected of having committed a criminal offence, without observing the procedures and safeguards laid down in Article 5, Article 6(1), Article 12(1) and Article 13(1) of Directive 2008/115; – in making the exercise by applicants for international protection who fall within the scope of Article 46(5) of Directive 2013/32 of their right to remain in its territory subject to conditions contrary to EU law.

17 December 2020 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Illegal entry - Immigration Detention | Countries: Hungary

20 October 2016 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures | Countries: Ghana - Ireland

6 June 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Children's rights - Regional instruments - Safe third country - Unaccompanied / Separated children | Countries: Eritrea - Iraq - United Kingdom of Great Britain and Northern Ireland

30 May 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Asylum policy - EU Qualification Directive - Effective remedy - Rule of law / Due process / Procedural fairness | Countries: Bulgaria

18 April 2013 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Germany

21 February 2013 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Eritrea - Iraq - Italy - Netherlands - United Kingdom of Great Britain and Northern Ireland

3 May 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Rule of law / Due process / Procedural fairness | Countries:

12 January 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Rule of law / Due process / Procedural fairness | Countries:

30 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures | Countries: Germany