New reference to CJEU in H. T. v Land Baden-Württemberg C-373/13

A reference for a preliminary ruling concerning Articles 21 and 24 of Council Directive 2004/83/EC was published by the CJEU on 18 October 2013. It was lodged on 2 July by the Verwaltungsgerichtshof Baden-Württemberg (Germany) and the questions read as follows:

(a) Must the rule contained in the first subparagraph of Article 24(1) of Directive 2004/83/EC, 1 concerning the obligation of Member States to issue a residence permit to persons who have been granted refugee status, be observed even in the case of revocation of a previously issued residence permit?

(b)    Must that rule therefore be interpreted as meaning that it precludes the revocation or termination of the residence permit (by expulsion under national law, for example) of a beneficiary of refugee status in cases where the conditions laid down in Article 21(3) in conjunction with (2) of Directive 2004/83/EC are not fulfilled or there are ‘compelling reasons of national security or public order’ within the meaning of the first subparagraph of Article 24(1) of Directive 2004/83/EC?

If the first question is to be answered in the affirmative:

(a)    How must the ground for exclusion of ‘compelling reasons of national security or public order’ in the first subparagraph of Article 24(1) of Directive 2004/83/EC be interpreted in relation to the risks represented by support for a terrorist association?

(b)    Is it possible for ‘compelling reasons of national security or public order’ within the meaning of the first subparagraph of Article 24(1) of Directive 2004/83/EC to exist in the case where a beneficiary of refugee status has supported the PKK, in particular by collecting donations and regularly participating in PKK-related events, even if the conditions for non-compliance with the principle of non-refoulement laid down in Article 33(2) of the Geneva Convention relating to the Status of Refugees and also, therefore, the conditions laid down in Article 21(2) of Directive 2004/83/EC are not fulfilled?

If Question 1(a) is to be answered in the negative:

Is the revocation or termination of the residence permit issued to a beneficiary of refugee status (by expulsion under national law, for example) permissible under European Law only in cases where the conditions laid down in Article 21(3) in conjunction with (2) of Directive 2004/83/EC (or the identically-worded provisions of Directive 2011/95/EU, the successor to Directive 2004/83/EC) are satisfied?

Read the reference on the CURIA website of the CJEU.

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