Administration of justice / Administrative courts

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 | Topic(s): Administrative courts - Effective remedy | Countries: Hungary - Russian Federation

Heard at Columbus House, Newport, on 7 September 2010.

20 October 2010 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Access to procedures - Administrative courts - Appeal / Right to appeal - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal (AA/09921/2006 & AA/09820/2005).

13 November 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Access to procedures - Administrative courts - Appeal / Right to appeal - Criminal justice - Independence of judiciary - Rule of law / Due process / Procedural fairness | Countries: United Kingdom of Great Britain and Northern Ireland

7 August 2007 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Administrative courts - Asylum policy - Deportation / Forcible return - Involuntary repatriation - Right to family life | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

On appeal from the England and Wales Court of Appeal (Civil Division): [2005] EWCA Civ 105.

21 March 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Administrative courts - Deportation / Forcible return - Independence of judiciary - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland

23 November 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Finland

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

14 November 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Administrative courts - Independence of judiciary - Legal representation / Legal aid - Political asylum | Countries: Ethiopia - United Kingdom of Great Britain and Northern Ireland

18 October 2006 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Access to procedures - Administrative courts - Effective remedy | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

FINAL 11/12/2006. This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

27 July 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Administrative courts - Right to employment | Countries: Austria - Bosnia and Herzegovina

FINAL 11/12/2006. This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

27 July 2006 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Administrative courts - Right to employment | Countries: Austria - Bosnia and Herzegovina