Case summaries
Spain – Constitutional Court, 21 December 2010, 142/2010
Country of applicant:
Unknown
Keywords:
Delay, Procedural guarantees
This case concerned the disproportionate delay in processing the applicant’s claim for asylum on appeal. The applicant was informed that it would take eighteen months for his case to be heard. He lodged an appeal before the Constitutional Court (as a last resort) claiming the right to due process constitutionally guaranteed under Art 24.2 of the Spanish Constitution to enjoy legal process without undue delay.
Date of decision:
21-12-2010
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 10.1 (d),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Art 6.1
Spain - Supreme Court, 1 January 2008, 715/2008
Country of applicant:
Unknown
The applicant lodged an appeal before the Supreme Court challenging the decision issued by the High National Court refusing refugee status. The applicant challenged the decision on the grounds that the right to legal assistance, representation and to the assistance of an interpreter had been violated.
Date of decision:
01-01-2008
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15,Art 10.1 (d),Art 13.3 (b),Art 16