EDAL case summaries
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: More favourable provisions, Protection, Refugee Status, Subsidiary Protection
The Regional Administrative Court of Upper Austria requests a preliminary ruling of the CJEU concerning the interpretation of Article 29 Directive 2011/95/EU in the context of social assistance for persons entitled to asylum with a temporary residence permit.
1) Must Article 29 Directive 2011/95/EU, entitling persons subject to international protection to the same level of social assistance in the Member State as nationals of this Member State, be interpreted as fulfilling the conditions for direct effect as set out in the CJEU’s jurisprudence?
2) Must Article 29 Directive...
Date: 18-12-2017
Country of Decision: Austria
Country of Applicant: Iraq
Keywords: More favourable provisions, Protection, Subsidiary Protection
The Constitutional Court ruled that Section 5(3) Nr. 4 NÖ MSG, which excludes beneficiaries of subsidiary protection from benefiting from social assistance out of the means-tested minimum income scheme when the person already receives social assistance covered by NÖ GVG is compatible with constitutional rights. It held that it does not constitute a violation of the principle of non-discrimination amongst foreigners. Given the provisional character of residence rights for beneficiaries of subsidiary protection such a legal rule falls within the wide margin of appreciation of the legislator...
Date: 28-06-2017
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