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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 : 14/05/2019
Type : Judgment
ECLI : ECLI:EU:C:2019:403
Case Number/Citation/ Document Symbol : Joint cases: C-397/16, C-77/17 and C-78/17

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)

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.

Refugee Protection; Renewal/Withdrawal/Revocation of Protection; Return/Removal/Deportation;

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;

EASO IDS

European Union,EU: 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), 14/05/2019, ECLI:EU:C:2019:403
CJEU ruled that EU Member States cannot deport refugees who have committed crimes if they will face inhuman or degrading treatment upon return

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=722

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