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14/05/2019
The CJEU ruled that EU Member States cannot deport refugees who have committed crimes if they will face inhuman or degrading treatment upon return

ECLI
ECLI:EU:C:2019:403
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; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
European Union, Court of Justice of the European Union [CJEU], M v. Ministerstvo vnitra (C‑391/16) (CZ), and X (C‑77/17), X (C‑78/17) v. Commissaire général aux réfugiés et aux apatrides (FR), Joint cases: C-391/16, C-77/17 and C-78/17, ECLI:EU:C:2019:403 , 14 May 2019. 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=722
Case history
Other information

Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. v Belgium, No 262 327 , 18 October 2021. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

Judgment: 


These requests for a preliminary ruling concern the interpretation and validity of Article 14(4) to (6) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9), which entered into force on 9 January 2012, in the light of Article 78(1) TFEU, Article 6(3) TEU and Article 18 of the Charter of Fundamental Rights of the European Union (‘the Charter’).


The requests have been made in three sets of proceedings between, in the first case (Case C‑391/16), M and the Ministerstvo vnitra (Ministry of the Interior, Czech Republic) concerning the decision revoking his right to asylum, in the second case (Case C‑77/17), X and the Commissaire général aux réfugiés et aux apatrides (Commissioner General for Refugees and Stateless Persons, Belgium) (‘the Commissaire général’) concerning the decision refusing to recognise him as having refugee status and to grant him subsidiary protection, and, in the third case (Case C‑78/17), X and the Commissaire général concerning the decision withdrawing his refugee status.


The Court ruled: 


Consideration of Article 14(4) to (6) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, has disclosed no factor of such a kind as to affect the validity of those provisions in the light of Article 78(1) TFEU and Article 18 of the Charter of Fundamental Rights of the European Union.


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
Joint cases: C-391/16, C-77/17 and C-78/17
Date of Decision
14/05/2019
Country of Origin
Keywords
Refugee Protection
Withdrawal/End/Revocation/Renewal of Protection
Return/Removal/Deportation
Source
CURIA