CJEU: Request for a preliminary ruling, C-713/17 Auyubi

Date: 
Thursday, December 21, 2017

On 21 December 2017, the Regional Administrative Court of Upper Austria requested the CJEU to rule on the interpretation of Article 29 of the recast Qualification Directive. The questions referred read as follows:

Is Article 29 of Directive 2011/95/EU, 1 under which a Member State has the obligation to provide to beneficiaries of international protection (in the Member State that granted such protection) the necessary social assistance as provided to nationals of that Member State, to be interpreted as satisfying the criteria for direct applicability as developed in the case-law of the Court of Justice of the European Union?

Is Article 29 of Directive 2011/95/EU to be interpreted as precluding national legislation which provides that only persons granted asylum with permanent residence be given social assistance in the form of needs-based minimum benefits in full and to the same extent as nationals of the Member State, but provides for the reduction of social assistance from needs-based minimum benefits for those persons granted asylum with only temporary residence, and consequently, in the same amount of social assistance as is awarded to persons eligible for subsidiary protection?


 

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Keywords: 
Integration measures
Material reception conditions