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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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XXXX contre Commissaire général aux réfugiés et aux apatrides, C-483/20

This request for a preliminary ruling concerns the interpretation of Articles 18 and 24 of the Charter of Fundamental Rights of the European Union (‘the Charter’), Articles 2, 20, 23 and 31 of Directive 2011/95/EU of the European Parliament and of the Council 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 (OJ 2011 L 337, p. 9), and of Article 25(6) and Article 33(2)(a) 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 (OJ 2013 L 180, p. 60).

22 February 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Family reunification - Right to family life - Unaccompanied / Separated children | Countries: Austria - Belgium - Syrian Arab Republic

TQ v Staatssecretaris van Justitie en Veiligheid, Case C‑441/19, request for preliminary ruling

1. Article 6(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Article 5(a) of that directive and Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, before issuing a return decision against an unaccompanied minor, the Member State concerned must carry out a general and in-depth assessment of the situation of that minor, taking due account of the best interests of the child. In this context, that Member State must ensure that adequate reception facilities are available for the unaccompanied minor in question in the State of return. 2. Article 6(1) of Directive 2008/115, read in conjunction with Article 5(a) of that directive and in the light of Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State may not distinguish between unaccompanied minors solely on the basis of the criterion of their age for the purpose of ascertaining whether there are adequate reception facilities in the State of return. 3. Article 8(1) of Directive 2008/115 must be interpreted as precluding a Member State, after it has adopted a return decision in respect of an unaccompanied minor and has been satisfied, in accordance with Article 10(2) of that directive, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return, from refraining from subsequently removing that minor until he or she reaches the age of 18 years.

14 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Children's rights - Deportation / Forcible return - Reception - Unaccompanied / Separated children | Countries: Guinea - Netherlands

A. and S. v. Staatssecretaris van Veiligheid en Justitie, C 550/16

Article 2(f) of Directive 2003/86/EC of 22 September 2003 on the right to family reunification, read in conjunction with Article 10(3)(a) thereof, must be interpreted as meaning that a third-country national or stateless person who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must be regarded as a ‘minor’ for the purposes of that provision.

12 April 2018 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Family reunification - Unaccompanied / Separated children | Countries: Eritrea - Netherlands

Opinion of Advocate General Bot: A.S. v. Staatssecretaris van Veiligheid en Justitie

16 November 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life - Unaccompanied / Separated children | Countries: Netherlands

MA, BT, DA v. Secretary of State for the Home Department

6 June 2013 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Access to procedures - Children's rights - Regional instruments - Safe third country - Unaccompanied / Separated children | Countries: Eritrea - Iraq - United Kingdom of Great Britain and Northern Ireland

MA, BT, DA v. Secretary of State for the Home Department (Opinion of Advocate General Cruz Villalón)

21 February 2013 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Eritrea - Iraq - Italy - Netherlands - United Kingdom of Great Britain and Northern Ireland

MA, BT, DA v Secretary of State for the Home Department (Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division))

19 December 2011 | Judicial Body: European Union: Court of Justice of the European Union | Countries: Eritrea - Iraq - Italy - Netherlands - United Kingdom of Great Britain and Northern Ireland

European Parliament v. Council of the European Union

Published in the Official Journal of the European Union, C 190/1, 12 August 2008.

27 June 2006 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Children's rights - Right to family life - Unaccompanied / Separated children

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