New CJEU Reference: Case C-562/13, Abdida

Monday, December 23, 2013

A reference for a preliminary ruling concerning Article 15(b) of the Qualification Directiveand a number of Articles of the EU Charter of Fundamental Rightswas published by the CJEU on 13 December 2013. It was lodged on 31 October by the Cour du travail de Bruxelles (Belgium) and the questions read as follows:

1. On a proper construction of Directives 2004/83/EC, 1 2005/85/EC 2 and 2003/9/EC, 3 is a Member State which provides that a foreign national has the right to subsidiary protection for the purposes of Article 15(b) of Directive 2004/83/EC if that person ‘suffers from an illness which is of such a kind as to entail a real risk to his life or physical integrity or a real risk of inhuman or degrading treatment where there is no adequate treatment for that illness in his country of origin’ under an obligation to

– provide for a remedy with suspensive effect in respect of the administrative decision refusing leave to remain and/or subsidiary protection, and ordering the person to leave the territory of that State,

– make provision under its social security or reception system for the basic needs of the person applying for subsidiary protection (other than his medical needs) to be met pending a ruling on his appeal against that administrative decision?

2. If the answer to Question 1 is in the negative, does the Charter of Fundamental Rights – and, in particular, Articles 1 to 3 (human dignity, right to life and integrity), Article 4 (prohibition of inhuman or degrading treatment), Article 19(2) (right not to be removed to a State where there is a serious risk of inhuman or degrading treatment), Articles 20 and 21 (equality and non-discrimination as compared with other categories of applicants for subsidiary protection) and/or Article 47 (right to an effective remedy) of that Charter – place a Member State in course of transposing Directives 2004/83/EC, 2005/85/EC and 2003/9/EC into national law under an obligation to make provision for a remedy with suspensive effect and for the requisite means of meeting the basic needs referred to in Question 1?

The referenceis available on the website of the Court of Justice of the European Union.

 This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners

Health (right to)
Inhuman or degrading treatment or punishment
Reception conditions
Right to remain pending a decision (Suspensive effect)
Subsidiary Protection