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Netherlands
Country of Decision : Netherlands
Court Name : NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
Date of decision : 15/01/2020
Type : Judgment
ECLI : ECLI:NL:RVS:2020:63
Case Number/Citation/ Document Symbol : 202000049/1/V3 and 202000049/2/V3

Applicant v State Secretary of Justice and Security (No. 1)

NL: The Administrative Division of the Council of State started its new working method for the reasoning of decisions

This judgement is one of the examples of the new working method of the Administrative Division of Council of State. Based on the judgement ECLI:NL:RVS:2019:1061 from 3 April 2019, the Administrative Division now uses a new, sixth form of motivation of its decisions. Aliens Act, Article 91, allows the court to reject an application with a standard, short motivation. However, legal practitioners often found this short reasoning unsatisfactory. Therefore, the court now rejects the application and uses one of the template sentences developed, to provide more context for the ground of the refusal.

Effective remedy; Second Instance determination;

National law only (in case there is no reference to EU law/ECHR);

EASO IDS

Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicant v State Secretary of Justice and Security (No. 1), 202000049/1/V3 and 202000049/2/V3, ECLI:NL:RVS:2020:63, 15 January 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1270