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07/12/2020
BE: The Council of State suspended the CGRS "pilot project" to have interviews by videoconference for applicants from open centres

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights ; European Convention on Human Rights
Reference
Belgium, Council of State [Raad van State - Conseil d'État], L'Ordre des barreaux francophones et germanophones and others, No 249163, 07 December 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1437
Case history
Other information
Abstract

Several NGOs lodged an action with the interim relief judge of the Council of State to suspend a decision of the Office of the Commissioner General for Refugees and Stateless Persons (CGRS) by which personal interviews were to be conducted by videoconference. The decision was adopted sometime around the 18 November 2020, was not published and it mandated that in certain cases there would be interviews by videoconference in international protection cases. Its title suggested a pilot project but further details of its exact content were unknown. It appeared that this decision contradicted the Royal Decree of 11 July 2003 which stated that personal interviews would take place in person. 


The interim judge ordered the suspension of the CGRS decision. The judge found that the decision included rules relating to the organisation, in the short term, of videoconference interviews with asylum applicants staying in open centers and the terms of these interviews, which are likely to affect an unknown number of applicants. The decision also mentioned the intention to develop a longer-term framework structure for interviews by videoconference, alongside in person interviews.


The judge held that the CGRS did not have the competence to change by decision the rules by which personal interviews are organised and that such a change must be done by Royal Decree.


Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
No 249163
Date of Decision
07/12/2020
Country of Origin
Keywords
First Instance determination
Personal Interview/ Oral hearing