CJEU: Request for preliminary ruling from the German Federal Administrative Court

Tuesday, June 27, 2017

On 27 June 2017, the German Federal Administrative Court referred the following questions to the CJEU:
1. Is a Member State precluded under Article 33(2)(a) of Directive 2013/32/EU (or the predecessor provisions under Art. 25(2)(a) of Directive 2005/85/EC) to reject an application for international protection from persons who have been recognised as refugees in another Member State (here, Italy) as inadmissible, if the content of the international protection (particularly the living conditions for recognised refugees) does not comply with the requirements of Article 20 and the subsequent provisions of Directive 2011/95/EU, but without violating Article 4 CFR or Article 3 ECHR?
2. If the first question is answered in the affirmative: is this also the case where the recognised refugee in the other Member State (here: Italy):
a) does not receive social benefits (minimum living wage) or does so only to a limited extent compared to other Member States, but the refugee is nonetheless not treated any differently from the nationals of that Member State in respect of social benefits?
b) even where the rights are provided for in Article 20 and the subsequent provisions of Directive 2011/95/EU, the recognised refugee has a de facto more difficult access to the related services or obtains such benefits from civil society networks which replace or supplement the public services?        
3. Does Article 14(1) of Directive 2013/32/EU (or the predecessor provisions under Art. 12(1) of Directive 2005/85/EC) preclude the application of a national provision which allows the administrative authorities to reject an application as inadmissible without a personal interview when the applicant has had the opportunity to be heard at the appeal proceedings and the court cannot take any other decision in light of the arguments presented at the appeal?

We would like to thank Magdalena Gajczyk for her assistance with translating these questions.


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