Universidade do MinhoEscola de Direito    
 
  Universidade do Minho
http://www.cedu.direito.uminho.pt
 
print   close
 
back 
  
Case H.I.D. - Common European Asylum System / Right to an effective judicial remedy / Concept of "court or tribunal" within the meaning of Article 267 TFEU
 
Judgment
Case C-175/11


Decision:

"On those grounds, the Court (Second Chamber) hereby rules:

1. Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status must be interpreted as not precluding a Member State from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant.

2. Article 39 of Directive 2005/85 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority?s decision before the High Court, the judgments of which may be the subject of an appeal to the Supreme Court (Ireland)."
 
back 
  © 2019, Universidade do Minho