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European Observer on fundamental right's respect

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Case Law C-175/11 (31/01/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/31/2013

Subject: The Court affirmed that Directive 2005/85/EC, on minimum standards on procedures in Member States for granting and withdrawing refugee status, does not preclude a Member State from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Moreover Directive 2005/85 does not preclude national legislation which allows an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal and to bring an appeal against the decision of that tribunal before a higher court, or to contest the validity of that determining authority‚Äôs decision.

Parties: H.I.D., B.A.

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

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