Case summaries
Hungary - Metropolitan Court of Public Administration and Labour, 10 March 2016, 5.K.30.385/2016
Country of applicant:
Somalia
Keywords:
Effective access to procedures, Effective remedy (right to), Subsidiary Protection, Refugee Status
In case of conflict between a domestic and international norm the Court is obliged to adhere to the latter and set aside the former. Given the well-established right to an effective remedy in international and European instruments, an element of which relates to the remedy’s timeliness, the court is obliged to remake the OIN’s subsidiary protection decision and provide the applicant with refugee status. This conclusion applies notwithstanding that domestic legislation prohibits the Court from reforming an OIN decision. To abide by this legislation would result in a never-ending appeal procedure thereby rendering the remedy ineffective.
Date of decision:
10-03-2016
Relevant International and European Legislation:
European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 31,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6,Article 13,Treaty on the Functioning of the European Union 2010/C 83/01