# C_2022482EN.01000801.xml

| 19.12.2022 | EN | Official Journal of the European Union | C 482/8 |
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19.12.2022

EN

Official Journal of the European Union

C 482/8

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Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 24 September 2022 — XXX v Commissaire général aux réfugiés et aux apatrides

(Case C-614/22)

(2022/C 482/11)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Appellant: XXX

Respondent: Commissaire général aux réfugiés et aux apatrides

Questions referred

| 1. | Can Article 23 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, (1) which has not been transposed into Belgian law to provide for the granting of a residence permit or international protection to the mother of a child who was recognised as a refugee in Belgium and who arrived there accompanied by her mother, have direct effect?
  If so, does Article 23 of Directive 2011/95/EU confer, in the absence of transposition, on the mother of a child who was recognised as a refugee in Belgium and who arrived there accompanied by her mother the right to claim the benefits referred to in Articles 24 to 35, including a residence permit allowing her to reside legally in Belgium with her family, or the right to obtain international protection even if the mother does not individually qualify for such protection? |
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1.

Can Article 23 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, (1) which has not been transposed into Belgian law to provide for the granting of a residence permit or international protection to the mother of a child who was recognised as a refugee in Belgium and who arrived there accompanied by her mother, have direct effect?

If so, does Article 23 of Directive 2011/95/EU confer, in the absence of transposition, on the mother of a child who was recognised as a refugee in Belgium and who arrived there accompanied by her mother the right to claim the benefits referred to in Articles 24 to 35, including a residence permit allowing her to reside legally in Belgium with her family, or the right to obtain international protection even if the mother does not individually qualify for such protection?

| 2. | Does the effectiveness of Article 23 of Directive 2011/95, read in the light of Articles 7, 18 and 24 of the Charter of Fundamental Rights of the European Union, require Member States that have not amended their national laws so that family members (within the meaning of Article 2(j) of that directive) of the beneficiary of such status may, if they do not individually qualify for such status, claim certain benefits, to grant those family members the right to derivative refugee status so that they may claim those benefits in order to maintain family unity? |
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2.

Does the effectiveness of Article 23 of Directive 2011/95, read in the light of Articles 7, 18 and 24 of the Charter of Fundamental Rights of the European Union, require Member States that have not amended their national laws so that family members (within the meaning of Article 2(j) of that directive) of the beneficiary of such status may, if they do not individually qualify for such status, claim certain benefits, to grant those family members the right to derivative refugee status so that they may claim those benefits in order to maintain family unity?

| 3. | Does the effectiveness of Articles 20 and 23 of Directive 2011/95, read in the light of Articles 7, 18 and 24 of the Charter of Fundamental Rights of the European Union, require Member States that have not amended their national laws, so that the parents of a refugee who is a minor can claim the benefits listed in Articles 24 to 35 of the directive, to [allow those parents to] enjoy derivative international protection in order to give primary consideration to the best interests of the child and to ensure the effectiveness of that child’s refugee status? |
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3.

Does the effectiveness of Articles 20 and 23 of Directive 2011/95, read in the light of Articles 7, 18 and 24 of the Charter of Fundamental Rights of the European Union, require Member States that have not amended their national laws, so that the parents of a refugee who is a minor can claim the benefits listed in Articles 24 to 35 of the directive, to [allow those parents to] enjoy derivative international protection in order to give primary consideration to the best interests of the child and to ensure the effectiveness of that child’s refugee status?

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(1)  OJ 2011 L 337, p. 9.

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