NS v Secretary of State for the Home Department etc: ECJ 21 Dec 2011

Prohibition of inhuman or degrading treatment

ECJ (Grand Chamber) European Union law – Principles – Fundamental rights – Implementation of European Union law – Prohibition of inhuman or degrading treatment – Common European Asylum System – Regulation (EC) No 343/2003 – Concept of ‘safe countries’ – Transfer of an asylum seeker to the Member State responsible – Obligation – Rebuttable presumption of compliance, by that Member State, with fundamental rights
The court made systemic deficiency in the system of refugee protection a requirement of intervention. Without it, proof of individual risk to the individual concerned, however real and grave, and whether or not arising from operational problems in the state’s system, could not prevent return under the regulation (Dublin II).
Article 21 of the Charter cannot be relied on to extend the rights otherwise provided under European law: ‘… the Charter reaffirms the rights, freedoms, and principles recognised in the Union and makes those rights more visible, but does not create new rights or principles.’

V Skouris, P
[2012] 2 CMLR 9, [2012] All ER (EC) 1011, [2011] EUECJ C-411/10, [2013] QB 102, ECLI:EU:C:2011:865, [2012] 3 WLR 1374
Bailii
Regulation (EC) No 343/2003
European
Citing:
OpinionNS v Secretary of State For The Home Department ECJ 22-Sep-2011
ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member . .

Cited by:
CitedEM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
CitedNouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .

Lists of cited by and citing cases may be incomplete.

European, Human Rights, Immigration, Constitutional

Leading Case

Updated: 10 November 2021; Ref: scu.536794