Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/26/2018

Subject: The Court affirmed that Directive 2013/32/EU on common procedures for granting and withdrawing international protection and Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals, read in the light of Articles 18, 19(2) and 47 of the Charter of Fundamental Rights of the European Union, do not preclude national legislation which, whilst making provision for appeals against judgments delivered at first instance upholding a decision rejecting an application for international protection and imposing an obligation to return, does not confer on that remedy automatic suspensory effect even in the case where the person concerned invokes a serious risk of infringement of the principle of non-refoulement

Parties: X e Y

Classification: Freedoms - Art. 18 Refugees - Art. 19 Expulsion - Justice - Art. 47 Right to an effective remedy before a tribunal

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