cover image: no title

20.500.12592/1vhhstb

no title

9 Apr 2024

Even if state security stands in the way of disclosure, the applicant, however, must in any event be informed of the essence of the grounds, which constitutes the basis of the decision.”12 For the effective exercise of that right, the court may order the authority concerned to provide that information.13 The CJEU reaffirmed that in the Kadi case, holding that rights of the defence and the right to. [...] These include the right to know the reasons for the factual grounds of the decision and the right to have access to documents and information relied on by the authority reaching the expulsion decision.27 Article 1 Protocol 7 enshrines a right for the alien to be notified of at least the substance of accusations against him, while the court is to know the grounds for the decision and the relevant e. [...] The CJEU stated that even if “state security does stand in the way of disclosure of the grounds, the applicant, however, must in any event be informed „ of the “essence of the grounds, which constitute the basis of the decision”.35 It is of relevance to note that the CJEU makes a distinction between the individuals’ right to the ‘essence of the grounds’ and the evidence underlying these factual gr. [...] In the Grand Chamber judgment Muhhammad and Muhhamad concerning the applicant’s expulsion, it was established that the rights of the defence involves that even in the case of justified procedural limitations the applicant must be given those factual reasons in the decision, which led the authority to the establishment of national security considerations as the indication of legal provisions is not. [...] In a judgment of June 2020, the CC stated that courts are allowed to communicate the content summary of the classified documents or evidence in question with the aim of providing balance between the requirements related to the right to effective judicial protection, especially in respect of the principle of fair trial, and those arising from the security of the EU or its member states.87 This CC r.
Pages
78
Published in
Hungary