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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 26/09/2018
Type : Judgment
ECLI : ECLI:EU:C:2018:775
Case Number/Citation/ Document Symbol : C-180/17

X and Y (Russia) vs Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie)

Judgment 1. This request for a preliminary ruling concerns the interpretation of Article 46 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60) and of Article 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98), read in the light of Articles 18, 19(2) and 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’). 2. The request has been made in proceedings between, on the one hand, X and Y and, on the other, the Staatssecretaris van Veiligheid en Justitie (State Secretary for Security and Justice, Netherlands) concerning the rejection of their applications for international protection and return decisions taken in respect of them. The Court ruled: Article 46 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection and Article 13 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in the light of Articles 18, 19(2) and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation which, whilst making provision for appeals against judgments delivered at first instance upholding a decision rejecting an application for international protection and imposing an obligation to return, does not confer on that remedy automatic suspensory effect even in the case where the person concerned invokes a serious risk of infringement of the principle of non-refoulement.

Effective remedy; Return/Removal/Deportation;

European Convention on Human Rights; 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); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO Annual Report on the Situation of Asylum in the EU

European Union,EU: Court of Justice of the European Union [CJEU], X and Y (Russia) vs Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie), 26/09/2018, ECLI:EU:C:2018:775
CJEU ruled on the interpretation of article 46 of Directive 2013/32/EU and article 13 Directive 2008/115/EC

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=606