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

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.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Effective access to procedures
Manifestly unfounded application
Procedural guarantees