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17/12/2015
The CJEU ruled that the interpretation of the recast Asylum Procedures Directive must be consistent with the rights recognized by the EU Charter
17/12/2015
The CJEU ruled that the interpretation of the recast Asylum Procedures Directive must be consistent with the rights recognized by the EU Charter

ECLI
ECLI:EU:C:2015:824
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights (EU Charter); Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE
Reference
European Union, Court of Justice of the European Union [CJEU], Abdoulaye Amadou Tall v Huy Public Centre for Social Action (Centre public d’action sociale de Huy, Belgium) and Fedasil, C-239/14, ECLI:EU:C:2015:824, 17 December 2015. 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=699
Case history
Other information
Abstract

This request for a preliminary ruling concerns the interpretation of Article 39 of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status ("Right to an effective remedy") and of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter', "Right to an effective remedy and to a fair trial").


The request has been made in proceedings between Mr Tall and the centre public d'action sociale de Huy (public social welfare centre, Huy) (‘the CPAS'), concerning the decision taken by that body to withdraw Mr Tall's social assistance.


The Court (Fourth Chamber) rules:


Article 39 of Council Directive 2005/85/EC, read in the light of Articles 19(2) and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation which does not confer suspensory effect on an appeal brought against a decision, such as the one at issue in the main proceedings, not to further examine a subsequent application for asylum.
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-239/14
Date of Decision
17/12/2015
Country of Origin
Keywords
Effective remedy
Non-refoulement
Subsequent application
Source
CURIA