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Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU article 67 CELEX: 32024R1348 1. Applicants and persons subject to withdrawal of international protection shall have the right to an effective remedy before a court or tribunal, in accordance with the basic principles and guarantees provided for in Chapter II that relate to the appeal procedure, against the following: (a) a decision rejecting an application as inadmissible; (b) a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status; (c) a decision rejecting an application as implicitly withdrawn; (d) a decision withdrawing international protection; (e) a return decision issued in accordance with Article 37 of this Regulation. By way of derogation from the first subparagraph, point (d), of this paragraph, Member States may provide in their national law that the cases referred to in Article 66(6) are not to be subject to an appeal. Where a return decision is taken as a part of a related decision as referred to in points (a), (b), (c) or (d) of the first subparagraph, the return decision shall be appealed jointly with that related decision, before the same court or tribunal, within the same judicial proceedings and the same time limits. Where a return decision is issued as a separate act pursuant to Article 37, it may be appealed in separate judicial proceedings. The time limits for those separate judicial proceedings shall not exceed the time limits referred to in paragraph 7 of this Article. |
Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU article 67 CELEX: 32024R1348 2. Without prejudice to paragraph 1, persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status. 3. An effective remedy as referred to in paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) 2024/1347. 4. Applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection shall be provided with interpretation for the purpose of a hearing before the competent court or tribunal, where such a hearing takes place and appropriate communication cannot otherwise be ensured. |
Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU article 67 CELEX: 32024R1348 5. Where the court or tribunal considers it necessary, it shall ensure the translation of relevant documents that have not already been translated in accordance with Article 34(4). Alternatively, translations of those relevant documents may be provided by other entities and paid for from public funds in accordance with national law. An applicant, a person subject to withdrawal of international protection and a person recognised as eligible for subsidiary protection may, at his or her own cost, ensure the translation of other documents. 6. Where the documents are not submitted in due time, as determined by the court or tribunal, in the event that the translation is to be provided by the applicant, or where documents are not submitted in time for the court or tribunal to ensure that they are translated in the event that the translation is ensured by the court or tribunal, the court or tribunal may refuse to take those documents into account. |
Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU article 67 CELEX: 32024R1348 7. Member States shall lay down the following time limits in their national law for applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection to lodge appeals against the decisions referred to in paragraph 1: (a) between a minimum of five days and a maximum of ten days in the case of a decision rejecting an application as inadmissible, as implicitly withdrawn, as unfounded or as manifestly unfounded if at the time of the decision any of the circumstances referred to in Article 42(1) or (3) apply; (b) between a minimum of two weeks and a maximum of one month in all other cases. |
Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU article 67 CELEX: 32024R1348 8. The time limits referred to in paragraph 7 shall start to run from the date on which the decision of the determining authority or, in the case of withdrawal of international protection and where provided for by national law, of the competent court or tribunal is notified to the applicant, the person subject to withdrawal of international protection, the person recognised as eligible for subsidiary protection or to his or her representative or legal adviser legally representing the applicant. The procedure for notification shall be laid down in national law. |