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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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LH v Staatssecretaris van Justitie en Veiligheid

On those grounds, the Court (Third Chamber) hereby rules: 1. 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, must be interpreted as precluding national legislation under which any document submitted by an applicant for international protection in support of a subsequent application is automatically considered not to constitute a ‘new element or finding’, within the meaning of that provision, when the authenticity of that document cannot be established or its source objectively verified. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(1) and (2) of Directive 2011/95, must be interpreted as meaning, first, that the assessment of the evidence submitted in support of an application for international protection cannot vary according to whether the application is a first application or a subsequent application and, second, that a Member State is required to cooperate with an applicant for the purpose of assessing the relevant elements of his or her subsequent application, when that applicant submits, in support of that application, documents the authenticity of which cannot be established.

10 June 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Credibility assessment - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands

A, B, C v. Staatssecretaris van Veiligheid en Justitie

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Afghanistan - Gambia - Netherlands - Uganda

Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 25 March 2013 - A v Staatssecretaris van Veiligheid en Justitie

25 March 2013 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Netherlands

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