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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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OPINION OF ADVOCATE GENERAL KOKOTT in Joined Cases C‑228/21, C‑254/21, C‑297/21, C‑315/21 and C‑328/21 (References for a preliminary ruling)

20 April 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Freedom of information - Rule of law / Due process / Procedural fairness | Countries: Italy

L.G. tegen Staatssecretaris van Justitie en Veiligheid, verzoek om prejudiciele beslissing, C‑745/21

16 February 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Children's rights | Countries: Lithuania - Netherlands - Syrian Arab Republic

SI, TL, ND, VH, YT, HN v Bundesrepublik Deutschland, REQUEST for a preliminary ruling, Case C‑497/21

Article 33(2)(d) 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 2(q) thereof and Article 2 of Protocol (No 22) on the position of Denmark annexed to the EU Treaty and to the FEU Treaty, must be interpreted as precluding legislation of a Member State other than the Kingdom of Denmark which provides for the possibility of rejecting as inadmissible, in whole or in part, an application for international protection within the meaning of Article 2(b) of that directive, which has been made to that Member State by a national of a third country or a stateless person whose previous application for international protection, made to the Kingdom of Denmark, has been rejected by the latter Member State.

22 September 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Decision on admissibility - International protection - Safe third country | Countries: Denmark - Georgia - Germany

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 | 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

Adil Hassan v Préfet du Pas-de-Calais (Case C‑647/16) Reference for a preliminary ruling

Article 26(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as precluding a Member State that has submitted, to another Member State which it considers to be responsible for the examination of an application for international protection pursuant to the criteria laid down by that regulation, a request to take charge of or take back a person referred to in Article 18(1) of that regulation from adopting a transfer decision and notifying it to that person before the requested Member State has given its explicit or implicit agreement to that request.

31 May 2018 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: France - Germany - Iraq

Majid Shiri

25 October 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Bulgaria - Iran, Islamic Republic of

Mohammad Khir Amayry v Migrationsverket (Sweden)

13 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: Sweden

Slovak Republic and Hungary v Council of the European Union

6 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Forced relocation - Refugee status determination (RSD) / Asylum procedures | Countries: Hungary - Slovakia

A.S. v Republika Slovenija

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | 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

Tsegezab Mengesteab v Bundesrepublik Deutschland

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Asylum policy - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures | Countries: Eritrea - Germany

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