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European Observer on fundamental right's respect

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Case Law C-159/21 (22/09/2022)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/22/2022

Subject: The Court of Justice affirmed that, in a case concerning the withdrawal of international protection further to a danger to national Security, EU law precludes Hungarian legislation which provides that the person concerned or his or her legal representative can access the case file only after obtaining authorisation to that end, and without being provided with the grounds of the decision. EU rules do not allow the authority responsible for examining applications for international protection systematically to base its decisions on a non-reasoned opinion issued by bodies entrusted with specific functions linked to national security which have found that a person constitutes a danger to that national security

Parties: Országos Idegenrendeszeti Főigazgatóság e a.

Classification: Freedoms - Art. 18 Refugees - Justice - Art. 47 Justice: effective - Art. 48 Rights of defence

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