Netherlands - AJDCoS, 5 August 2008, 200708107/1

Country of Decision:
Country of Applicant:
Date of Decision:
05-08-2008
Citation:
200708107/1
Court Name:
Administrative Jurisdiction Division of the Council of State
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Headnote: 

This case concerned actors of protection and found with reference to Art 7 of the Qualification Directive that the existence of an effective legal system is not an independent factor for considering the question of whether adequate protection can be provided.

Facts: 

The Secretary of State for Justice appealed against the decision of the District Court of Amsterdam (24 October 2007 AWB 07/10337). In dispute was whether or not Art 7 of the Qualification Directive introduces into Dutch law a new criterion, being the presence of an effective legal system in the country of origin, for the existence of internal protection.

Decision & Reasoning: 

The wording of Art 7.2 of the Qualification Directive provides no grounds for considering that the existence of an ‘effective legal system’ is an independent factor which has to be in place before it can be held that protection is available. Actors other than the state can provide protection. It is therefore possible that other factors play a role in determining whether, in general, protection can be provided. Art 7.2 of the Qualification Directive contains no relevant change in the law.

Outcome: 

Further appeal was allowed.