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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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GM v Országos Idegenrendézeti Főigazgatóság, Alkotmányvédelmi Hivatal, Terrorelhárítási Központ, REQUEST for a preliminary ruling, Case C‑159/21

1. Article 23(1) 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 45(4) of that directive and in the light of the general principle of EU law relating to the right to sound administration and of Article 47 of the Charter, must be interpreted as: precluding national legislation which provides that, where a decision rejecting an application for international protection or withdrawing such protection is based on information the disclosure of which would jeopardise the national security of the Member State in question, the person concerned or his or her legal adviser can access that information only after obtaining authorisation to that end, are not provided even with the substance of the grounds on which such decisions are based and cannot, in any event, use, for the purposes of administrative procedures or judicial proceedings, the information to which they may have had access. 2. Article 4(1) and (2), Article 10(2) and (3), Article 11(2) and Article 45(3) of Directive 2013/32, read in conjunction with Article 14(4)(a) and Article 17(1)(d) of Directive 2011/95/EU 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 the determining authority is systematically required, where bodies entrusted with specialist functions linked to national security have found, by way of a non-reasoned opinion, that a person constituted a danger to that security, to refuse to grant that person subsidiary protection, or to withdraw international protection previously granted to that person, on the basis of that opinion. 3. Article 17(1)(b) of Directive 2011/95 must be interpreted as: not precluding an applicant from being excluded from being eligible for subsidiary protection, pursuant to that provision, on the basis of a criminal conviction of which the competent authorities were already aware when they granted to that applicant, at the end of a previous procedure, refugee status which was subsequently withdrawn.

22 September 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Asylum-seekers - Exclusion clauses - International protection - National security / Public order - Statelessness | Countries: Hungary

Andre Lawrence Shepherd v Bundesrepublik Deutschland

26 February 2015 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Acts of persecution - Asylum-seekers - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Regional instruments - War crimes | Countries: Germany - United States of America

Opinion of Advocate General Sharpston: Andre Lawrence Shepherd v. Bundesrepublik Deutschland

11 November 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Acts of persecution - Asylum-seekers - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Regional instruments - War crimes | Countries: Germany - United States of America

YS v. Minister voor Immigratie, Integratie en Asiel, and Minister voor Immigratie, Integratie en Asiel v. M, S

17 July 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Confidentiality - Residence permits / Residency | Countries: Netherlands

Cimade, Groupe d'information et de soutien des immigrés (GISTI) v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration

27 September 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Reception - Regional instruments - Safe third country - Single procedure | Countries: France

Opinion of Advocate General Sharpston, delivered on 15 May 2012, CIMADE et Groupe d'information et de soutien des immigrés (GISTI) v. Ministre de l'intérieur, de l'outre-mer, des collectivités territoriales et de l'immigration

15 May 2012 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Reception - Regional instruments - Safe third country - Single procedure | Countries: France

N. S. (C 411/10) v. Secretary of State for the Home Department and M. E. (C 493/10) and others v. Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform

21 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Burden-sharing and international co-operation - Children's rights - Deportation / Forcible return - Immigration Detention - Reception - Right to seek asylum - Rule of law / Due process / Procedural fairness - Safe third country - Single procedure | Countries: Algeria - Ireland

Brahim Samba Diouf v. Ministre du Travail, de l'Emploi et de l'Immigration

28 July 2011 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Asylum-seekers - Effective remedy - Expedited procedures - International protection - Refugee / Asylum law - Refugees - Rule of law / Due process / Procedural fairness | Countries: Luxembourg - Mauritania

Saïd Shamilovich Kadzoev v. Direktsia ‘Migratsia' pri Ministerstvo na vatreshnite raboti

Reference for a preliminary ruling from the Administrativen Sad Sofia-grad, Bulgaria lodged on 7 September 2009.

30 November 2009 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Deportation / Forcible return - Illegal entry - Illegal immigrants / Undocumented migrants - Immigration Detention - Right to liberty and security | Countries: Bulgaria - Russian Federation

Metock and Others v. Minister for Justice, Equality and Law Reform

25 July 2008 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Asylum-seekers - Family reunification - Freedom of movement - Residence permits / Residency | Countries: Ireland

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