Reference from the Irish Supreme Court to the CJEU in Nawaz v Minister for Justice Equaliy and Law Reform

In November 2012 the Irish Supreme Court referred a question for a preliminary ruling to the CJEU in the case Nawaz v Minister for Justice Equality & Law Reform and others, asking directly about the compatibility of the Irish system with Directive 2004/83/EC:

Does Council Directive 2004/83/EC, interpreted in the light of the principle of good administration in the law of the European Union and, in particular, as provided by Article 41 of the Charter of Fundamental Rights of the European Union, permit a Member State, to provide in its law that an application for subsidiary protection status can be considered only if the applicant has applied for and been refused refugee status in accordance with national law?

See the full text of the Supreme Court's decision on the Irish Court Service's website.

The WLU would like to thank Nick Henderson, the Irish ELENA coordinator, for providing information on the abovementioned developments.

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