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… of the requires, in particular, that the Courts of the European Union ensure that the decision by which restrictive measures were adopted or maintained, which affects the person or entity concerned individually, is taken on a sufficiently solid factual basis. …

… He states, inter alia, that he cannot see why having been invited to a meeting with President Putin would mean that he supports or implements Russian actions or policies in Ukraine. 63 The Council disputes the merits of this plea in law. 64 According to settled case-law, the right to effective judicial protection affirmed in the third paragraph of of the requires that the person concerned must be able to ascertain the reasons upon which the decision taken in relation to him or …

… As to the contested acts, reference must be made to paragraphs 141 to 194 below, which deal with the plea in law alleging error of assessment on the part of the Council. 48 That said, it should be recalled that, in the context of the adoption of restrictive measures, the Council is under an obligation to observe the principle of sound administration, enshrined in 41 of the of Fundamental Rights of the European Union (‘the ’), which, according to settled case-law, entails the …

… The applicant Government submitted that those “judges” could not be considered and . Nor could any “court” or “tribunal” over which they presided be considered to be a competent judicial authority established by law. Their appointment was an inducement to former Ukrainian officials to cooperate (or collaborate) with the Russian Federation. 61. …

… of 14, taken in conjunction with 8, 9, 10 and 11 of the Convention and 2 of Protocol No. 4 2. …

… (ii) Unlawful detention contrary to 5 . The applicant Government submitted that there had been a widespread campaign of arbitrary deprivation of liberty in violation of 5 during the period under consideration. The targets of such detentions were perceived opponents of the Russian “occupation” in general and members of the Crimean Tatar community in particular. 48. …

… of the . 53. …

… a general principle of EU law now enshrined in of the ’. (34) 65. …

… with applicable national provisions as well as with the requirements of an and tribunal previously established by law, thereby ensuring effective judicial protection as enshrined in the second subparagraph of 19(1) TEU, read in the light of 2 TEU and taking due account of of the . …

… protection made by an applicant, to whom another Member State has already granted such protection, on account of a serious risk that that applicant will be subjected, in that other Member State, to inhuman or degrading treatment, within the meaning of 4 of the , that authority is required to grant that applicant refugee status on the sole ground that he or she has already been granted refugee status by that other Member State or (ii) whether it may carry out a new, examination …

… 33(2)(a) of Directive 2013/32 to reject as inadmissible an application for international protection with a view to the granting of refugee status in another Member State because living conditions in that [other] Member State would expose the applicant to a serious risk of inhuman or degrading treatment within the meaning of 4 of the , must the second sentence of 3(1) of Regulation No 604/2013, the second sentence of 4(1) and 13 of Directive 2011/95 as well …

… is uncertain as to the legal consequences, in the event of a serious risk of infringement of 4 of the in the Member State that granted international protection, of the loss of the possibility for another Member State, to which a new application for international protection has been made, to reject that application as inadmissible under 33(2)(a) of Directive 2013/32. …

… 12(1), before a competent judicial or administrative authority or a competent body composed of members who are and who enjoy safeguards of .’ …

… The information on reasons in fact may be limited where national law allows for the right to information to be restricted, in particular in order to safeguard national security, defence, public security and for the prevention, investigation, detection and prosecution of criminal offences.’ 5 Under 13(1) of the same directive: ‘The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in …

… the principle of non-refoulement.’ 3 6(1) of that directive provides: ‘Member States shall issue a return decision to any third-country national staying illegally on their territory, without prejudice to the exceptions referred to in paragraphs 2 to 5.’ 4 Pursuant to 12(1) of that directive: ‘Return decisions and, if issued, entry-ban decisions and decisions on removal shall be issued in writing and give reasons in fact and in law as well as information about available legal remedies …

… Nothing in the requests for a preliminary ruling shows that any person relies on the right to an effective remedy enshrined in of the . It thus appears that of the cannot be invoked in the context of the main proceedings. (48) 44. 19 TEU gives concrete expression to the value of the rule of law contained in 2 TEU. …

… The constitutions of certain Member States reflect a similar approach: see the Constitution of the Republic of Cyprus, Art. 133.12, and the Constitution of Ireland, Art. 35.5, amended by the 29th Amendment of the Constitution Act, 2011. 3 Interpreted in the light of of the of Fundamental Rights of the European Union (‘the ’). …

… See judgment of 7 February 2019, Escribano Vindel (C-49/18, EU:C:2019:106, paragraphs 38 to 60) (‘the Escribano Vindel judgment). 4 The requirement that courts are , inherent in the task of adjudication, is a constituent of the right to effective judicial protection, which in turn is part of the fundamental right to a fair trial pursuant to of the . …

… 1 and 2 of the of the United Nations. 3. …

… For the purpose of applying and complying with the principle of non-refoulement under 21(1) of Directive 2011/95, in conjunction with 19 of the , does the personal situation of an applicant for international protection come within the scope of the interpretation given in [point 4 of the operative part] of the judgment of 19 March 2019, Jawo (C-163/17, EU:C:2019:218), concerning extreme material poverty under 4 of the [], in the light of the situation in the Gaza …

… for subsidiary protection, and for the content of the protection granted (OJ 2011 L 337, p. 9), 40 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60), and 19 of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in proceedings between, on the one hand, SN and LN and, on the other hand, the Zamestnik-predsedatel …

… Wilman, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 13 July 2023, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 24(2) of the of Fundamental Rights of the European Union (‘the ’) and 10(1)(d) and (2) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as …

… for international protection - 24(2) of the of Fundamental Rights of the European Union - Best interests of the child - Determination - Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State) In Case C-646/21, REQUEST for a preliminary ruling under 267 TFEU from the rechtbank Den Haag, zittingsplaats ’s-Hertogenbosch (District Court, The Hague, sitting at ’s-Hertogenbosch …

… Provisional text JUDGMENT OF THE COURT (Grand Chamber) 11 June 2024 (*) (Reference for a preliminary ruling - Area of freedom, security and justice - Common asylum policy - Directive 2011/95/EU - Qualification for refugee status - 2(d) and (e) - Reasons for persecution - 10(1)(d) and (2) - ‘Membership of a particular social group’ - 4 - Individual assessment of the facts and circumstances - Directive 2013/32/EU - 10(3) - Requirements for the examination of applications …

… Polish judges are thus forced to adjudicate on cases, including cases involving funding under the Facility, ‘in professionally impossible circumstances where they will still be subject to unlawful pressures and curtailment of their and ’. …

… The stipulated reforms and investments are planned to be carried out by the Republic of Poland during the period between the last quarter of 2021 and the second quarter of 2026. 15 The measures relating to the reform of justice in Poland are specified in milestones F1G, F2G and F3G. 16 In accordance with milestone F1G, several measures must be taken to strengthen the and of Polish judges. …

… The admissibility of the applicants’ actions acting in their own name 41 The applicants submit that they are associations whose mission is to defend the value of the rule of law and the of the judiciary. They regularly act as interlocutors with the EU institutions on rule of law matters and themselves have an institutional interest in defending judicial and the value of the rule of law. …

… of Fundamental Rights of the European Union - 19(2) - Protection in the event of removal - - Right to an effective remedy) I. …

… The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in 12(1), before a competent judicial or administrative authority or a competent body composed of members who are and who enjoy safeguards of . 2. …

… 9(1)(a) of that directive provides: ‘Member States shall postpone removal: (a) when it would violate the principle of non-refoulement …’ 12. Last, 13(1) and (2) of that directive is worded as follows: ‘1. …