JUDGMENT
19
OF
25. 7. 2018 — CASE C-585/16
ALHETO
Article 40 of that directive provides:
‘[Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and
status of third country nationals or stateless persons as refugees or as persons who otherwise need
international protection and the content of the protection granted (OJ 2004 L 304, p. 12)] is repealed
for the Member States bound by this Directive with effect from 21 December 2013, …
For the Member States bound by this Directive, references to the repealed Directive shall be construed
as references to this Directive ...’
20
Article 41 of Directive 2011/95 provides as follows:
‘This Directive shall enter into force on the 20th day following its publication in the Official Journal of
the European Union.
Articles 1, 2, 4, 7, 8, 9, 10, 11, 16, 19, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35 shall
apply from 22 December 2013.’
21
The wording of Articles 12 and 15 of Directive 2011/95 corresponds to that of Articles 12 and 15 of
Directive 2004/83.
Directive 2013/32
22
Directive 2013/32 was adopted on the basis of Article 78(2)(d) TFEU, which provides for common
procedures for the granting and withdrawing of uniform asylum or subsidiary protection status.
23
Recitals 4, 13, 16, 18 and 22 of that directive state:
‘(4) ... A Common European Asylum System should include, in the short term, common standards for
fair and efficient asylum procedures in the Member States and, in the longer term, Union rules
leading to a common asylum procedure in the Union.
…
(13) The approximation of rules on the procedures for granting and withdrawing international
protection should help to limit the secondary movements of applicants for international
protection between Member States, where such movements would be caused by differences in
legal frameworks, and to create equivalent conditions for the application of Directive [2011/95]
in Member States.
…
(16) It is essential that decisions on all applications for international protection be taken on the basis
of the facts and, in the first instance, by authorities whose personnel has the appropriate
knowledge or has received the necessary training in the field of international protection.
…
(18) It is in the interests of both Member States and applicants for international protection that a
decision is made as soon as possible on applications for international protection, without
prejudice to an adequate and complete examination being carried out.
…
6
ECLI:EU:C:2018:584