France - Council of State, 10 December 2010, Cimade and others, n° 326704
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What was at stake
EDAL summary. The transposition of the Asylum Procedures Directive (APD) in French legislation is incomplete on certain aspects (provision of information to applicants for asylum; access to the report of the person...
What happened
Several voluntary organisations argued before the Council of State that the implicit decision of the Prime Minister refusing to use its regulatory power to ensure the complete transposition of Articles 10.1 and 14.2 of the Asylum Procedures Directive (APD) in French legislation should be quashed. The case concerned the provision of information to asylum applicants and access to the report of the personal interview under the border procedure.
What the court decided
The Council of State found that the French legislation had not fully transposed the Asylum Procedures Directive (APD) regarding the provision of information to asylum applicants and access to the report of the personal interview under the border procedure. The court ordered the Prime Minister to take necessary measures to address these issues within four months.
How the court got there
The court decided that the French legislation had not fully transposed the Asylum Procedures Directive (APD) because the information provided to asylum applicants was not in a language they could reasonably be expected to understand, and access to the report of the personal interview was not adequately ensured. The court ordered the Prime Minister to take necessary measures to address these issues within four months.
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Authoritative link
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