Ireland: Follow-up judgment by Court of Appeal after CJEU judgment in case Danqua C-495/15

Monday, February 6, 2017

On 6 February 2017, the Irish Court of Appeal ruled on the implications of the CJEU judgment in the case Evelyn Danqua v Minister for Justice and Equality Ireland and the Attorney General (Case C-429/15 of 20 October 2016). The Court of Appeal ruled on the extent to which it should be bound by a judgment of the CJEU when the latter court adapts the question referred to it on its own initiative.

On October 2016, the CJEU was asked whether the principle of equivalence precluded a national rule requiring an application for asylum to be made within 15 days from the rejection of an application for asylum. On that occasion, the CJEU ruled that the principle of effectiveness, rather than that of equivalence, was relevant to the case. It then concluded that a 15-day limit is particularly short and does not ensure a genuine opportunity to submit an application for subsidiary protection.

The Irish Court of Appeal held that, as an effect of the CJEU’s ruling, a 15 working day rule is inconsistent with EU law and must therefore be disapplied by national courts. It recognised that the Court is bound to apply the decision of the CJEU as part of its “duty of sincere co-operation with the Court of Justice as an institution of the European Union in the manner provided for Article 4(3) TEU”. The Court allowed the appeal by Ms Danqua, enabling her to make an application for subsidiary protection.


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