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European Observer on fundamental right's respect

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Case Law C-161/15 (17/03/2016)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/17/2016

Subject: According to the Court, EU law must be interpreted as meaning that where, in accordance with the applicable national law, a plea alleging infringement of national law raised for the first time before the national court hearing an appeal on a point of law is admissible only if that plea is based on public policy, a plea alleging infringement of the right to be heard, as guaranteed by EU law, raised for the first time before that same court, must be held to be admissible if that right, as guaranteed by national law, satisfies the conditions required by national law for it to be classified as a plea based on public policy

Parties: Bensada Benallal

Classification: Citizens’ rights - Art. 45 Freedom of residence - Justice - Art. 48 Rights of defence

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