Caselaw commentary of the Torubarov judgement of 29 July 2019 (C-556/17): Rule of law concerns regarding systems of judicial review in asylum cases: on the binding effect of judicial decision and the fundamental right to an effective remedy

Frasca, Eleonora
(2019) Cahier de l’EDEM — Vol. September 2019, n° 9, p. 4-9 (2019)

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With the Torubarov ruling, the CJEU clarifies that, in asylum procedures, the mechanism of judicial review of unlawful decisions on international protection which consist of referral back to the administrative authority, in cases where the authority do not comply with the judicial decision, can deprive applicants of their right to an effective remedy. Having Article 46(3) of Directive 2013/32 read in conjunction with Article 47 of the Charter direct effect, the national Court must substitute its own decision from the one of the administrative authorities, disapplying as necessary the national law that would prohibit it from proceeding in that way, thus granting protection.
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Frasca, E. (2019). Caselaw commentary of the Torubarov judgement of 29 July 2019 (C-556/17): Rule of law concerns regarding systems of judicial review in asylum cases: on the binding effect of judicial decision and the fundamental right to an effective remedy. Cahier de l’EDEM, September 2019(9), 4-9. https://hdl.handle.net/2078.5/120499 (Original work published 2019)