Netherlands / Administrative Jurisdiction Division of the Council of State / 202202776/1/V3, 202203031/1/V3, 202205428/1/V3

Appeal by both the Secretary of Security and Justice and third-country nationals S&A and AA&A
Deciding body type
National Court/Tribunal
Deciding body
Administrative Jurisdiction Division of the Council of State
Typ
Decision
Decision date
30/08/2023
ECLI (European case law identifier)
ECLI:NL:RVS:2023:3275
  • Netherlands / Administrative Jurisdiction Division of the Council of State / 202202776/1/V3, 202203031/1/V3, 202205428/1/V3

    Key facts of the case:

    Third-country nationals applied for international protection in Greece where they were granted the refugee status. Subsequently, they travelled to The Netherlands where they applied for international protection. The Secretary of State denied the refugee status. The State Secretary of Justice and Security is entitled to declare that the applications are inadmissible (on the basis of Article 33(1) and (2)of Directive 2013/32/EU) as the applicants already enjoy legal protection in another Member State (granted on the basis of Article 2, beginning sentence and under indent e of Directive 2011/95/EU). However, the Secretary held that they could not return to Greece, as the living conditions there would have exposed them to a serious risk of inhuman or degrading treatment (under Article 4 of the EU Charter). For this reason, the Secretary decided not to declare the applications inadmissible. Nevertheless, the Secretary denied the refugee status in The Netherlands. The Council of State referred a question for a preliminary ruling to the European Court of Justice concerning Article 4 of the EU Charter, asking whether the correct procedure had been followed and if yes, to what extent the granting of the refugee status by Greece had affected this case. The Council of State further asked, among other things, whether the refugee status should have been granted.

    Key legal question raised by the Court:

    The key legal problem was that after being granted legal protection in a Member State, third-country nationals lodged another application for international protection in The Netherlands. If the Secretary of State must decide on the application on the basis of a serious risk of inhuman and degrading treatment in the other Member State, does the fact that the refugee status has already been granted prevent him from deciding the case within his own discretion? Does he have to grant the refugee status without actual research of the conditions of a possible protection? If he does not, to what extent does the prior granting of the refugee status affect his decision?

    Outcome of the case:

    The Council of State referred this question to the Court of Justice of the European Union.