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CJEU Case C-564/18 / Opinion

LH v Bevándorlási és Menekültügyi Hivatal

Policy area:
Borders and Visa
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
05/12/2019

Key facts of the case:

Preliminary reference — Common policy on asylum and subsidiary protection — Common procedures for granting international protection — Directive 2013/32/EU — Article 33 — Grounds for inadmissibility — Exhaustive nature — Article 46(3) — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy — Time limit of 8 days for the court or tribunal to decide.

Outcome of the case:

In the light of the considerations above, I suggest that the Court reply to the Fővárosi Közigazgatási és Munkaügyi Bíróság (Budapest Administrative and Labour Court, Hungary) as follows:

  1. Article 33 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 is to be interpreted as precluding legislation of a Member State pursuant to which an application is inadmissible when the applicant has arrived in that Member State via a country where he is not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed.
  2. Article 46(3) of Directive 2013/32, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, is to be interpreted as meaning that whether the time limit for the review laid down by the national legislation is adequate in the case pending before the national court is a matter for the national court to assess, having regard to its obligation to carry out a full and ex nunc examination, including, where applicable, an examination of the international protection needs pursuant to 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, while guaranteeing the applicant’s rights as defined, in particular, in Directive 2013/32. If the national court considers that those rights cannot be guaranteed, in the light of the specific circumstances of the case or the overall conditions under which that court has to carry out its tasks, such as a particularly high number of applications being lodged simultaneously, that court must disapply the applicable time limit as necessary and complete the examination as swiftly as possible after that time limit has expired.