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30/09/2021
LU: The Administrative Court ruled on a procedural requirements to be fulfilled to lodge an appeal at second instance (signature of the request by a lawyer included in List I of the tables drawn up by the Bar Associations).

ECLI
ECLI:LU:CADM:2021:46212
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Luxembourg, Administrative Court [Cour Administrative], Applicants v Ministry of Immigration and Asylum (Ministere de l'Immigration et de l'Asile), No 46212C, ECLI:LU:CADM:2021:46212, 30 September 2021. 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=2034
Case history
Other information
Abstract

The applicants, two Venezuelan nationals (husband and wife) and their three children, requested international protection on 16 October 2019. By decision of 18 June 2020, their requests were rejected as unfounded. The applicants lodged an appeal against this decision on 20 July 2020 before the Administrative Tribunal. On 7 June 2021, the Administrative Tribunal rejected the appeal as inadmissible due to the lack of signature of the appeal request by a lawyer listed on List No I of the list of lawyers, which is drawn up by the councils of the Bar Associations in accordance with Article 1 of the Law of 21 June 1999.


On 8 July 2021, the applicants appealed the decision before the Administrative Court, arguing that such a requirement to have signature by a lawyer in table I to have a valid appeal lodged would be excessively formal, disproportionately infringing their fundamental rights. 


The Administrative Court rejected the appeal and confirmed the decision of the lower court. It held that that Article 1 of the Law of 21 June 1999 is very clear in requiring the signature by a lawyer registered with the list I of the tables drawn up by the councils of the Bar Associations, signature which must be handwritten and a request to be filed in original and four copies, so that the signature by a lawyer entered in List II of the tables drawn up by the advice of Bar Associations is not valid.


Country of Decision
Luxembourg
Court Name
LU: Administrative Court [Cour Administrative]
Case Number
No 46212C
Date of Decision
30/09/2021
Country of Origin
Venezuela
Keywords
Second instance determination / Appeal