CJEU Judgment: Case C-348/16 Sacko, 26 July 2017

Date: 
Wednesday, July 26, 2017

On 26 July 2017, the Court of Justice of the European Union delivered its ruling in case C-348/16 Sacko, regarding the nature of the right to be heard during the appeal stage for manifestly unfounded cases. In line with the opinion of AG Campos Sánchez-Bordona, the CJEU found that, subject to preconditions, a national judicial authority can decide appeals deemed manifestly unfounded without the need for a further interview of the applicant.
 
The Court reiterated that neither Article 47 CFR nor Article 6(1) ECHR impose an absolute obligation to hold a public hearing and do not necessarily require that a hearing be held in all proceedings. An infringement of the right to effective judicial protection must be examined in relation to the specific circumstances of each case. Under Article 46 of the Asylum Procedures Directive, the obligation to grant the applicant a hearing has to be assessed in the light of its obligation to carry out a full and ex nunc examination of the appeal. However, as supported by the case-law of the ECtHR, there might be no need for a hearing where the case does not raise any questions of fact or law that cannot be adequately resolved by referring to the file and the written submissions of the parties (e.g.Dory v. Sweden).
 
On the other hand, if the court or tribunal considers that the applicant must be afforded a hearing in order to carry out the full and ex nunc examination required, that hearing constitutes an essential procedural requirement, which cannot be dispensed with on grounds of speed.



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Keywords: 
Effective access to procedures
Manifestly unfounded application
Procedural guarantees