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14/06/2022
PL: The Supreme Administrative Court held that the recast Asylum Procedures Directive must be applied directly by administrative courts reviewing first instance decisions, considering that in the Polish system, the administrative courts wrongly review contested decisions on the basis of the facts established in the course of administrative proceedings, that is the facts established at the date of issuing the reviewed decision.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights ; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Poland, Supreme Administrative Court [Naczelny Sąd Administracyjny], OV v Council for Refugees, II OSK 1178/21, 14 June 2022. 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=3050
Case history
Other information

Poland, Supreme Administrative Court [Naczelny Sąd Administracyjny], X v Refugee Council, OSK 1753/21, 05 July 2022. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


"The Supreme Administrative Court overturned the decision of the Council for Refugees and the lower instance decision of the Head of the Office for Foreigners to refuse to grant international protection, holding that special circumstances related to the change in the situation in Ukraine due to the war that broke out on 24 February 2022, which occurred after the first instance court's judgment, must be taken into account in the proceedings before the Supreme Administrative Court, which, as a rule, decides on the basis of the facts established on the date of the final decision. The Supreme Administrative Court, acting on the basis of Article 46(1) and (3) of Directive 2013/32/EU and Article 47 of the CFR, is obliged to hear the case in such a way as to ensure that it is dealt with ex nunc both as regards the facts and the legal issues. Neither the provisions of the Act of 13 June 2003 on granting protection to aliens within the territory of the Republic of Poland nor the provisions of the Law on Proceedings before Administrative Courts empower administrative courts to take into account circumstances which occurred after the decision was issued when assessing the appealed decision. This means that Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 has not been duly implemented into the national legal order, which results in the need to apply the Directive directly."


Country of Decision
Poland
Court Name
PL: Supreme Administrative Court [Naczelny Sąd Administracyjny]
Case Number
II OSK 1178/21
Date of Decision
14/06/2022
Country of Origin
Ukraine
Keywords
Assessment of Application
Assessment of evidence/assessment of documents
Effective remedy
Refugee Protection
Second instance determination / Appeal
Temporary protection