JUDGMENT
OF
25. 7. 2018 — CASE C-585/16
ALHETO
…
3. In order to comply with paragraph 1, Member States shall ensure that an effective remedy provides
for a full and ex nunc examination of both facts and points of law, including, where applicable, an
examination of the international protection needs pursuant to Directive [2011/95], at least in appeals
procedures before a court or tribunal of first instance.
…’
36
Article 51(1) of Directive 2013/32 provides as follows:
‘Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with Articles 1 to 30, Article 31(1), (2) and (6) to (9), Articles 32 to 46, Articles 49 and 50 and
Annex I by 20 July 2015 at the latest. They shall forthwith communicate the text of those measures to
the Commission.’
37
Under the first paragraph of Article 52 of that directive:
‘Member States shall apply the laws, regulations and administrative provisions referred to in
Article 51(1) to applications for international protection lodged and to procedures for the withdrawal
of international protection started after 20 July 2015 or an earlier date. Applications lodged before
20 July 2015 and procedures for the withdrawal of refugee status started before that date shall be
governed by the laws, regulations and administrative provisions adopted pursuant to [Council Directive
2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting
and withdrawing refugee status (OJ 2005 L 326, p. 13)].’
38
The first paragraph of Article 53 of Directive 2013/32 provides as follows:
‘Directive [2005/85] is repealed for the Member States bound by this Directive with effect from 21 July
2015 ...’
39
The first paragraph of Article 54 of Directive 2013/32 states:
‘This Directive shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.’
40
Since the publication referred to in Article 54 took place on 29 June 2013, Directive 2013/32 entered
into force on 19 July 2013.
41
Articles 33, 35 and 38, and Article 46(1) of Directive 2013/32 correspond, respectively, to Articles 25,
26 and 27 and Article 39(1) of Directive 2005/85. By contrast, Article 10(2), Article 34 and
Article 46(3) of Directive 2013/32 set out rules which are not contained in Directive 2005/85.
Bulgarian law
42
In Bulgaria, applications for international protection are examined in accordance with the Zakon za
ubezhishteto i bezhantsite (Law on asylum and refugees, ‘the ZUB’). For the purposes of the
transposition into Bulgarian law of Directives 2011/95 and 2013/32, the ZUB was amended by laws
which entered into force in October 2015 and December 2015 respectively.
43
Articles 8 and 9 of the ZUB essentially include the criteria set out in Articles 9, 10 and 15 of Directive
2011/95.
10
ECLI:EU:C:2018:584