CJEU: Case C-348/16 – Request for preliminary ruling from the Tribunale di Milano, Sacko Moussa v Commissione Territoriale per il riconoscimento della Protezione internazionale di Milano

Wednesday, June 22, 2016

On 22 June 2016, the Tribunale di Milano (Italy) lodged a request to the CJEU for a preliminary ruling in the case Sacko Moussa v Commissione Territoriale per il riconoscimento della Protezione internazionale di Milano.
The question referred is:

  1. Must Directive 2013/32/EU ( 1 ) (in particular Articles 12, 14, 31 and 46) be interpreted as permitting a procedure, such as the Italian procedure (under Article 19(9) of Legislative Decree No 150 of 2011), whereby a judicial authority seised by an asylum-seeker — whose application has been rejected by the administrative authority responsible for considering applications for asylum after it has conducted a full examination, including an interview — may, in cases where the application for judicial review is manifestly unfounded and the administrative authority’s rejection of the application is thus incontrovertible, dismiss the application for judicial review without preparatory inquiries and without being required to afford the applicant a further opportunity to be heard?

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Personal interview
Procedural guarantees