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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 PIKAMÄE, in Case C‑483/20 XXXX v Commissaire général aux réfugiés et aux apatrides (Request for a preliminary ruling from the Conseil d'État (Belgium))

1. Migratory journeys are often the result of a combination of two elements: chance and necessity. In the case before the Court, a Syrian national, after travelling through Libya and Turkey, arrived in Austria, where, out of necessity, he lodged an application for international protection. After obtaining refugee status, he went to Belgium to be reunited with his two children, one of whom is a minor, and there lodged a new application for international protection, which was declared inadmissible in view of the prior recognition granted in the first Member State. 2. It is against that background that the question arises, to my knowledge for the first time, whether, in particular, the fundamental right to respect for family life enshrined in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), read in conjunction with the obligation to take into consideration the child’s best interests set out in Article 24(2) of the Charter, can override the inadmissibility mechanism for applications for international protection laid down in Article 33(2)(a) of Directive 2013/32/EU. (2)

30 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures - Right to family life | Countries: Austria - Belgium - Syrian Arab Republic

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 | Document type: Case Law | Topic(s): Decision on admissibility - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures | Countries: Germany - Syrian Arab Republic

A.S. v Republika Slovenija

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | 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

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