Fri. Sep 13th, 2024
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Schlussanträge des Generalanwalts am EU-Gerichtshof in den verbundenen Rechtssachen C‑123/23 Khan Yunis und C‑202/23 Baabda
27 June
Donnerstag, 27. Juni 2024
Schlussanträge des Generalanwalts am Gerichtshof in den verbundenen Rechtssachen C‑123/23 Khan Yunis und C‑202/23 Baabda
Neuer Asylantrag nach erfolglosem Asylverfahren in einem anderen Mitgliedstaat
Ein Libanese bzw. eine staatenlose Palästinenserin mit ihren zwei minderjährigen Kindern beanstanden vor einem deutschen Gericht, dass ihre in Deutschland gestellten Zweitanträge auf Asyl als unzulässig abgelehnt wurden.
Ein Zweitantrag liegt vor, wenn bereits in einem anderen Mitgliedstaat ein erstes Asylverfahren erfolglos abgeschlossen wurde. In den vorliegenden Fällen hatten die Betroffenen bereits in Polen bzw. in Belgien Asyl beantragt. Die dortigen Verfahren wurden jedoch eingestellt bzw. die Anträge wurden abgelehnt. Nach deutschem Recht werden Zweitanträge als unzulässig, d.h. ohne erneute Prüfung in der Sache, abgelehnt, wenn weder sich die Sach- oder Rechtslage maßgeblich zugunsten der Betroffenen geändert hat noch neue Beweismittel vorliegen, die eine günstigere Entscheidung herbeigeführt hätten.
Das deutsche Gericht möchte vom Gerichtshof wissen, ob die Ablehnung von Zweitanträgen als unzulässig mit der Verfahrensrichtlinie 2013/32 vereinbar ist.
Generalanwalt Emiliou legt heute seine Schlussanträge vor.
Weitere Informationen C-123/23
Weitere Informationen C-202/23
Details
- Date:
- 27 June
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑123/23 Khan Yunis, C‑202/23 Baabda
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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