Euroopa Liidu Kohus
14.05.2019
Facts:
The 3 references were made by Nejvyšší správní soud (Chech Republic) in Case C-391/16 concerning a person of Chechen-origin refugee whose status was revoked on national security grounds. As well as Conseil du contentieux des étrangers (Belgium) in Cases C-77/17 and C-78/17 concerning 2 individuals: one of Ivorian nationality whose refugee application was refused due to serious crime and the other whose recognized refugee status was withdrawn for similar reasons. All cases turned on Articles 14(4) to (6) of the Qualification Directive (2011/95/EU), concerning refusal or revocation of refugee status when a beneficiary is deemed a danger to state security or the community.
Questions referred to the CJEU by the national courts:
Do the provisions allowing the refusal or revocation of refugee status, based on security grounds or criminality, comply with the Geneva Convention’s definition of a refugee, align with Charter rights, particularly the right to asylum and the ban on inhuman and degrading treatment, and remain compatible with the foundational principles of EU Treaty provisions?
Court’s Ruling:
The CJEU focused on how EU law interacts with the Geneva Convention in situations involving national security or public order concerns. The main argument was that even if a person’s refugee status is refused or revoked for these reasons, it does not change the fact that they are still considered a refugee under the Geneva Convention.
The Court explained that EU law allows Member States to deny or withdraw refugee status if there are serious concerns about security or public order. However, this action does not erase the person’s underlying status as a refugee or remove the protections that come with it under international law.
The CJEU made it clear that such decisions must still respect fundamental rights, the EU Charter, and the broader legal obligation of the Member States. While States can act to protect their security, they must still treat individuals in line with the Geneva Convention and EU principles.
Thus, Member States remain entitled to revoke or refuse refugee status when justified by risks to public security or serious criminal conduct, and these measures are compatible with EU law and the Charter.