CJEU: Request for preliminary ruling from the Conseil du Contentieux des étrangers (Belgium)

Date: 
Friday, February 10, 2017

The Belgian Conseil du Contentieux des étrangers has referred a request for a preliminary ruling to the CJEU on the interpretation of Article 14 § 4 of the Qualification Directive. Similarly to the preliminary question referred by the Supreme Administrative Court of the Czech Republic on 14 July 2016, the Belgian Council asks:
 
Is Article 14 § 4 of Directive 2011/95/EU compatible with Article 18 of the EU Charter of Fundamental Rights (CFR EU) and Article 78 § 1 of the Treaty on the Functioning of the EU (TFEU)? In this regard:
 
A. Should Article 14 § 4 of Directive 2011/95/EU be interpreted as creating a new exclusion clause to granting refugee status as prescribed by Article 13 of the same directive and, consequently, by Article 1A of the 1951 Refugee Convention?
B. If question A is answered in the affirmative, is Article 14 § 4 interpreted in such sense compatible with Article 18 of the CFR EU and Article 78 § 1 TFEU, requiring EU law to be in conformity with the 1951 Refugee Convention, of which Article 1F provides an exhaustive list of exclusion clauses of strict interpretation?
C: If question A is answered in the negative, should Article 14 § 4 of Directive 2011/95/EU be interpreted as creating a new ground for withdrawing refugee status that is not foreseen by the 1951 Refugee Convention, which, according to Article 18 of the EU CFR and Article 78 § 1 TFEU, must be respected?
D: If question C is answered in the affirmative, is Article 14 § 4 of Directive 2011/95/EU compatible with Article 18 of the EU CFR and Article 78 § 1 TFEU, both of which require the conformity of EU law with the 1951 Refugee Convention, since it introduces a ground for withdrawing refugee status that is not foreseen by nor can find basis on the 1951 Refugee Convention?
E: If questions A and C are answered in the negative, how should Article 14 § 4 of Directive 2011/95/CE be interpreted, in conformity with Article 18 of the EU CFR and Article 78 § 1 TFEU, both of which require the conformity of EU law with the 1951 Refugee Convention?
 
Based on an unofficial translation by the ELENA Weekly Legal Update.



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Keywords: 
Exclusion from protection