Directive 2005/85/EC states that the European Council, acting by a qualified majority, after consultation of the European Parliament, is to adopt a “minimum common list of third countries” (Article 29(1) and (2)) which are to be regarded by Member States as safe countries of origin and a “common list of European safe third countries” (Article 36(3)). The European Parliament brought … Read More
Case C-133/06 Parliament v Council
| Respondent/Defendant: | Council |
| Court/s: | ECJ |
| Citation/s: | C-133/06 |
| Judgment Date/s: | 16 Feb 2005 |
| Category: | Refugee Law |
| Keywords: | Refugee, Third Country (Safe) |
| Country of Origin: | Romania |
| URL: | http://curia.europa.eu/juris/celex.jsf?celex=62006CJ0133&lang1=en&type=TXT&ancre= |
| Geographic Focus: | Europe |
| References: | Directive 2005/85/EC |
| Principles: | By making the future adoption of common lists of safe countries subject to mere consultation of the Parliament instead of the codecision procedure, the Council exceeded the powers conferred on it by the Treaty in relation to asylum. Articles 29(1) and (2) and Article 36(3) of Council Directive 2005/85/EC are annulled. |