Reference from the Irish Supreme Court to the CJEU in Nawaz v Minister for Justice Equaliy and Law Reform

Friday, October 4, 2013

In November 2012 the Irish Supreme Court referred a question for a preliminary ruling to the CJEU in the case Nawaz v Minister for Justice Equality & Law Reform and others, asking directly about the compatibility of the Irish system with Directive 2004/83/EC:

Does Council Directive 2004/83/EC, interpreted in the light of the principle of good administration in the law of the European Union and, in particular, as provided by Article 41 of the Charter of Fundamental Rights of the European Union, permit a Member State, to provide in its law that an application for subsidiary protection status can be considered only if the applicant has applied for and been refused refugee status in accordance with national law?

See the full text of the Supreme Court's decision on the Irish Court Service's website.

The WLU would like to thank Nick Henderson, the Irish ELENA coordinator, for providing information on the abovementioned developments.

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.



Subsidiary Protection