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European Observer on fundamental right's respect

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Case Law C- 69/2010 (27/07/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/27/2011

Subject: The Court states that Directive 2005/85/EC, on minimum standards on procedures in Member States for granting and withdrawing refugee status, and the principle of effective judicial protection, do not preclude national rules under which no separate action may be brought against the decision of the competent national authority to deal with an application for asylum under an accelerated procedure, provided that the reasons which led that authority to examine the merits of the application under such a procedure can in fact be subject to judicial review in the action which may be brought against the final decision rejecting the application.

Parties: Samba Diouf

Classification: Freedoms - Art. 18 Right to asylum - Refugees - Justice - Art. 47 Justice: remedy - Justice: effective

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Notices: The Court made reference to article 47 of the Charter to confirm the existence of the general principle of EU law of effective judicial protection.