Facts:Article 31(1) of the Geneva Convention provides:- “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the … Read More
Case C-481/13 – Qurbani v Staatsanwaltschaft Würzburg
| Respondent/Defendant: | Staatsanwaltschaft Würzburg |
| Court/s: | ECJ |
| Citation/s: | C-481/13 |
| Nature of Proceedings: | Preliminary ruling |
| Judgment Date/s: | 17 Jul 2014 |
| Judge: | CJEU, Fourth Chamber: L. Bay Larsen (Rapporteur), President of the Chamber, M. Safjan, J. Malenovský, A. Prechal and K. Jürimäe, Judges |
| Category: | Refugee Law |
| Keywords: | Common European Asylum System (CEAS), Entry (Illegal), Refugee, Refugee Law |
| Country of Origin: | Afghanistan |
| URL: | http://curia.europa.eu/juris/document/document.jsf?text=&docid=155104&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=223629 |
| Geographic Focus: | Europe |
| Principles: | In the context of references under Article 267 TFEU, the CJEU has jurisdiction to interpret international agreements concluded between Member States and third countries only where the European Union has assumed powers previously exercised by the Member States in the field to which an international convention not concluded by the European Union applied, and the provisions of which had the effect of binding the European Union. That is not the position with regard to the Geneva Convention on the Status of Refugees, because the Member States retain certain powers falling within the field of asylum / refugee status. Accordingly, the CJEU has no jurisdiction to interpret the Geneva Convention under the Article 267 TFEU procedure. |