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TRIIAL CASE
Poland, Supreme Administrative Court, II OSK 991/23, supreme, 07.11.2023
Deciding court: Supreme Administrative Court
Topic: Mutual trust
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Poland, R.A. and others v. Poland – application 42120/21 – Interim measure against Poland
Deciding court: European Court of Human Rights
Topic: mutual trust
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: Art. 2 and 3, 13, 34 of the European Convention on Human Rights, Art.  3 and 4 of the Protocol no 4 Mamatkulov and Askarov v. Turkey [GC], nos. 46827/99 and 46951/99, §§ 128-129, ECHR 2005-I).
TRIIAL CASE
Slovenia, Administrative Court, judgement and order I U 836/2023-7, ordinary, 20 June 2023, ECLI:SI:UPRS:2023:I.U.836.2023.7
Deciding court: Administrative Court of the Republic of Slovenia
Topic: mutual trust, judicial independence, judicial cooperation
National Follow Up Of (when relevant): Pending before the Supreme Court.
ECtHR jurisprudence: M.S.S. v. Belgium and Greece, App. no. 30696/09, 21 January 2011, para. 293Saadi v. Italy, Application No. 37201/06, 28 February 2008, para. 140J.K. v. and Others v. Sweden, Application No. 59166/12, 23 August 2016, paras. 83, 87, 90-92, 140F.G. v. Sweden, Application No. 43611/11, 23 March 2016, paras. 156M.S.S. v Belgium and Greece, Application No. 30696/09, 21 January 2011Tarakhel v. Switzerland, Application No. 29217/12, 4 November 2014Camara v. Belgium, Application No. 49255/22Msallem and 147 Others v. Belgium, Application No. 48987/22Al-Shuja and Others v. Belgium, Application No. 52208/22Ilias and Ahmed v. Hungary, Application No. 47287/15, 21. November 2019, paras. 131, 133-134, 136-139, 141, 146-147, 149-150, 154, 162-163
TRIIAL CASE
Poland, Regional Administrative Court in Rzeszów, II SA/Rz 1153/18, ordinary instance, January 9, 2019, referenced in legal databases
Deciding court: Regional Administrative Court in Rzeszów
Topic: mutual trust
National Follow Up Of (when relevant): The national case II SA/Rz 1153/18 is not a direct follow-up of a CJEU or ECtHR decision.
ECtHR jurisprudence: Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR): Particularly Articles 6 (right to a fair trial) and 13 (right to an effective remedy) were mentioned in the context of the applicant’s rights to appeal against deportation and protection from forced return.The following references were made in the legal argumentation by the applicant’s legal counsel, not by the court itself:G.R. v. Poland (Application no. 28871/18): Although this is not fully elaborated in the decision, it is clear that the case was brought before the ECtHR, and the national court was aware of this pending case, which involved the potential breach of the right to liberty and security (Article 5 ECHR) and protection from inhuman or degrading treatment (Article 3 ECHR). The fact that these matters were under review by the ECtHR influenced the national court's approach.
TRIIAL CASE
Poland, Naczelny Sąd Administracyjny (Supreme Administrative Court), case number II OSK 382/20, appellate instance, 11 January 2022
Deciding court: Supreme Administrative Court in Poland
Topic: mutual trust and impartiality
National Follow Up Of (when relevant): This national case is not a direct follow-up of a CJEU or ECtHR decision.
ECtHR jurisprudence: In the case under consideration, ECtHR jurisprudence was referred to indirectly by invoking the protection of fundamental rights, particularly through:Article 3 of the European Convention on Human Rights (ECHR), which prohibits inhuman or degrading treatment. This was referenced in relation to the risk of mistreatment upon the transfer of the applicant under the Dublin III Regulation.Article 8 of the ECHR was indirectly invoked concerning the right to respect for family life, which is relevant in assessing whether the transfer under the Dublin III Regulation could lead to a violation of family unity, given the applicant's marriage to a Polish national.In particular, the B.S. v. Spain and Tarakhel v. Switzerland cases are often cited in similar situations concerning the risk of human rights violations in the context of the Dublin transfers. However, the decision did not explicitly mention these cases, focusing more on the CJEU case law.
TRIIAL CASE
Poland, Regional Court in Hajnówka, ordinary,  pending case on helping migrants on the border
Deciding court: Regional Court in Hajnówka
Topic: mutual trust
National Follow Up Of (when relevant): In a way - see case R.A. v. Poland available in the CJC database.
ECtHR jurisprudence: N/A
TRIIAL CASE
Poland, Supreme Administrative Court, pushback case, II OSK 2749/22, supreme, 9th January 2024
Deciding court: Supreme Administrative Court
Topic: mutual trust
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Portugal, Administrative Court of Appeal, South, 1301/19.0BELSB, 14 May 2020
Deciding court: Tribunal Central Administrativo do Sul
Topic: Mutual Trust
National Follow Up Of (when relevant): Not applicable.
ECtHR jurisprudence: M.S.S. vs Belgium and Greece, Application no. 30696/09 (Decision of 21st January 2011) and Tarakhel vs Switzerland, Application no. 29217/12 (Decision of 14th November 2014); Salah Sheekh v. The Netherlands, Application No. 1948/04 (Decision of 11 January 2007); NA v. United Kingdom, Application No. 25904/07 (Decision of 17 July 2008); Abdolkhani and Karimnia v. Turkey, Application No. 30471/08 (Decision of 22 September 2009); Fg v. Sweden, Application No. 43611/11 (Decision of 23 March 2016)
TRIIAL CASE
Portugal, Supreme Administrative Court, 0115/20.9BELSB, 4 February 2021
Deciding court: Supreme Administrative Court
Topic: Mutual Trust
National Follow Up Of (when relevant): Not applicable
ECtHR jurisprudence: MSS vs Belgium, CE:ECHR:2011:0121JUD003069609.
TRIIAL CASE
Slovenia, Administrative Court, judgment and order I U 443/2023-17, ordinary, 26 April 2023, ECLI:SI:UPRS:2023:I.U.443.2023.17
Deciding court: Administrative Court of the Republic of Slovenia
Topic: mutual trust
National Follow Up Of (when relevant): The case is currently pending before the Supreme Court.
ECtHR jurisprudence: A and others v. North Macedonia, App. no. 55798/16, 5.4.2022, para. 112, 114, 116, 121-123; A. B. and others v. Poland, App. no. 42907/17, 30.6.2022, para. 52; A. I. and others v. Poland, App. no. 39028/17, 30.6.2022, para. 41-42, 55; N.D. and N.T. v Spain, App. no. 8675/15 in 8697/15, para. 180, 201; Shahzad v. Hungary, App. no. 12625/17, 8.6.2021, para. 59, 62, 65; M. H. and others v. Croatia, App. no. 15670/18, 43115/18, 18.11. 2021, para. 295-304)Khlaifia and Others v. Italy, app. no. 16483/12, 15 December 2016Tarakhel v. Switzerland, App. no. 29217/12, 4.11.2014Soering v. the United Kingdom, para. 88, J.K. and others v. Sweden, para. 80, 90; F.G. v Sweden, para. 156Interim orders under Article 39 ECHR in: Camara v. Belgium (App. no. 49255/22), Msallem and 147 Others v. Belgium (App. no. 48987/22), Al-Shuja and Others v. Belgium (App. no. 52208/22)L.M. and others v. Russia, para. 100;M. A. and Others v. Lithuania, app. no.  59793/17, 11 December 2018M. S. S. v Belgium and Greece, app. no. 30696/09, 21 January 2011Ilias and Ahmed v. Hungary, app. no. 47287/15, 21 November 2019Gebremedhin v France, app. no. 25389/05, 26.4.2007, §66Abdolkhani and Karimnia v Turkey, app. nos. 30471/08, 22.9.2009, §108.
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