Administration of justice / Administrative courts

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: General Comments/Recommendations

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: General Comments/Recommendations

I suggest that the Court reply to the Pécsi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Pécs, Hungary) as follows: – Article 46(3) 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, in conjunction with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, is to be interpreted as meaning that a model of judicial review in matters of international protection in which the courts are endowed with a mere cassational power but in which the judicial guidance they issue in their annulment decisions is effectively being disregarded by the administrative bodies when deciding on the same case again, such as demonstrated in the case in the main proceedings, fails to meet the requirements of effective judicial review set out in Article 46(3) of Directive 2013/32 and interpreted in the light of the first paragraph of Article 47 of the Charter. – A national court, deciding in circumstances such as those in the case in the main proceedings, must set aside the national rule limiting its power to the mere annulment of the relevant administrative decision. That obligation arises when the clear assessment contained in a judicial decision annulling a previous administrative decision has been disregarded by the administrative authority deciding the same case anew, without the latter bringing any new elements that it could have reasonably and legitimately brought into consideration, thus depriving the judicial protection provided for under the invoked provisions of any practical effect.

30 April 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Administrative courts - Effective remedy | Countries: Hungary - Russian Federation

17 January 2017 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

15 September 2016 | Publisher: UN General Assembly | Document type: Country Reports

December 2015 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Legal Articles/Analyses/Commentaries

12 October 2015 | Publisher: UN Human Rights Council | Document type: Resolutions/Recommendations/Declarations

31 July 2015 | Publisher: UN General Assembly | Document type: Thematic Reports