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European Observer on fundamental right's respect

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Case Law C-348/16 (26/07/2017)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/26/2017

Subject: The Court affirmed that Directive 2013/32/EU on common procedures for granting and withdrawing international protection, read in the light of Article¬†47 of the Charter of Fundamental Rights of the European Union, does not preclude the national court or tribunal hearing an appeal against a decision rejecting a manifestly unfounded application for international protection from dismissing the appeal without hearing the applicant where the factual circumstances leave no doubt as to whether that decision was well founded, on condition that, first, during the proceedings at first instance, the applicant was given the opportunity of a personal interview on his or her application for international protection, in accordance with the directive, and the report or transcript of the interview, if an interview was conducted, was placed on the case-file, in accordance with the directive, and, second, the court hearing the appeal may order that a hearing be conducted if it considers it necessary for the purpose of ensuring that there is a full and ex nunc examination of both facts and points of law, as required under the directive

Parties: Sacko

Classification: Freedoms - Art. 18 Refugees - Justice - Art. 48 Rights of defence

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