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CJEU - Joined Cases C-643/15 and C-647/15 Slovak Republic and Hungary v Council of the European Union, 6 September 2017
Keywords: Dublin Transfer

The Court of Justice of the European Union rejected the actions brought by Hungary and Slovakia seeking the annulment of the so-called “Relocation Decision”.

Date of decision: 06-09-2017
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 18,Article 21,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 13,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 9
UK - R (on the application of SG) v Secretary of State for the Home Department, also known as R (on the application of K) v Secretary of State for the Home Department, 22 June 2017
Country of applicant: Burundi
Keywords: Best interest of the child, Delay, Reception conditions, Material reception conditions

The reduction in the financial allowance available to child dependants of asylum seekers was not contrary to the requirement that the best interests of the child be a primary consideration in all actions concerning children.

Date of decision: 22-06-2017
Relevant International and European Legislation: European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 1,Article 18,Article 21,Article 24,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Recital (5),Recital (7),Article 1,Article 13,Article 17,Article 18,Article 24,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (9),Recital (11),Recital (24),Recital (35),Article 1,Article 17,Article 21,Article 22,Article 23,Article 29,UN Convention on the Rights of the Child
Hungary – Administrative and Labour Court of Szeged, 8 August 2016, 10.K.27.565/2015/28.
Country of applicant: Nigeria
Keywords: Medical Reports/Medico-legal Reports, Sexual orientation

The Court suspended domestic proceedings and referred the case for preliminary ruling procedure to the Court of Justice of the European Union (CJEU). The Court asked the CJEU to clarify the substance of its ban on exposing applicants for international protection to ‘tests’ to substantiate their sexual orientation.

Date of decision: 08-08-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2,Art 9,Art 10,Art 4,Art 6,Art 11,Art 13,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,Article 7,Article 20,Article 21,Treaty on the Functioning of the European Union 2010/C 83/01
CJEU - C-562/13, Centre public d’action sociale d’Ottignies-Louvain-La-Neuve v Moussa Abdida
Country of applicant: Nigeria
Keywords: Humanitarian considerations, Serious harm, Protection, Torture, Reception conditions, Return, Health (right to), Vulnerable person

The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU surmisedthat the removal of a person suffering a serious illness to a country where appropriate treatment was not available could in exceptional circumstances be contrary to the EU Charter of Fundamental Rights, and in such circumstances their removal had to be suspended pursuant to Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals. The Directive 2008/115/EC required the provision of emergency health care and essential treatment of illness to be made available to such persons during the period in which the Member State is required to postpone their removal.

Date of decision: 18-12-2014
Relevant International and European Legislation: Art 1,Art 2,Art 3,Art 3,Article 1,Article 2,Article 3,Article 4,Article 19,Article 20,Article 21,Article 47,Article 3,Recital (2),Recital (12),Article 3,Article 5,Article 9,Article 13,Article 14,Article 3,Article 13
ECtHR - Georgia v Russia, Application no 13255/07, 3 July 2014
Country of applicant: Georgia
Keywords: Effective access to procedures, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Nationality, Discrimination, Return

The ECtHR holds that Russia is in violation of Article 5 ECHR and of Article 4 of Protocol 4 through the implementation of an unlawful administrative practice against a large number of Georgian nationals as a means of identifying them. This led to the arrest, detention and collective expulsion of 4634 Georgians from the Russian Federation and further violations of Articles 3 and 13 of the Convention.

Date of decision: 03-07-2014
Relevant International and European Legislation: 1951 Refugee Convention,ECHR (Frist Protocol),Art 2,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,Article 19,Article 21,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (25),Recital (38),Recital (42),Recital (50),Article 20,Article 25,Article 36,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 5,Article 8,Article 13,Article 14,Article 18,Article 35,Article 38,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 27,ECHR (Fourth Protocol),Art 4,Art 1
CJEU - C‑540/03, European Parliament v Council of the European Union
Keywords: Best interest of the child, Family reunification, Integration measures

The European Parliament sought the annulment of Article 4(1), Article 4(6) and Article 8 of the Family Reunification Directive, as being incompatible with the right to respect for family life and non-discrimination based on age.

The Court found that these provisions created a limited margin of appreciation for Member States which was no greater than that allowed for in ECtHR case law, and could be exercised compatibly with fundamental rights.

Date of decision: 27-06-2006
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 7,Article 21,Article 24,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Article 3,Article 4,Article 5,Article 8,Article 16,Article 17,Article 18,Article 8,UN Convention on the Rights of the Child,EN - Treaty on European Union,Article 6