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European Observer on fundamental right's respect

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Case Law C-285/12 (30/01/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/30/2014

Subject: The Court affirmed that it must be acknowledged that an internal armed conflict exists, for the purposes of applying Directive 2004/83/EC on minimum standards for the qualification and status of refugee or of person who otherwise needs international protection and the content of the protection granted, if a State’s armed forces confront one or more armed groups or if two or more armed groups confront each other. It is not necessary for that conflict to be categorised as ‘armed conflict not of an international character’ under international humanitarian law; nor is it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.

Parties: Aboubacar Diakité

Classification: Freedoms - Art. 18 Right to asylum

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