Luxembourg, Cour Administrative, Arrêt n° 34778C, 02.10.2014
International protection – List of safe countries of origin – Republic of Kosovo – Safe country of origin
The Grand-Ducal regulation of 19 June 2013 amending the Grand-Ducal regulation of 21 December 2007 establishing a list of safe countries of origin within the meaning of the amended law of 5 May 2006 relating to the right of asylum and complementary forms of protection taken under Article 21 of the above-mentioned law and the notice of the Council of State of 4 June 2013, amended the Grand-Ducal regulation of 21 December 2007 by the addition, to Article 1, paragraph 1, of the Republic of Kosovo to the list of safe countries of origin. Several persons of Kosovan origin introduced an action for annulment of this regulatory act.
By a decision dated 19 May 2014, the administrative court arrived at the conclusion that the reasons underlying the referred Grand-Ducal regulation did not help it to find sufficient evidences to conclude that Kosovo was to be considered as a country complying with the three criteria laid down in Article 21, paragraph 4, of the law of 5 May 2006 justifying the qualification of safe country of origin, that is, a country where persecution generally does not exist and is not constant within the meaning of the Geneva Convention, in such a way that the qualification of Kosovo as a safe country of origin brought about by the Grand-Ducal regulation of 19 June 2013 had been concluded in breach of its enabling legal basis. Consequently, it annulled Article 1, paragraph 1 of the said regulation for violation of the law.
The administrative Court arrived at the conclusion that Kosovo is a country that has a democratic constitution and appoints its leaders under pluralistic and free elections, has integrated human rights and the fundamental rights guaranteed by the ECHR into its national legislation, along with other international instruments ensuring adherence to these rights and liberties. Kosovo is committed in the path towards important reforms in its political and legal system facilitating the consolidation of the Rule of law in conformity with the requirements of the partnership planned with the EU, ensuring an effective sanction, through the legal and police authorities in place, for violations of human and fundamental rights; this despite certain ongoing difficulties in the assertion of the authority of the State and the particularities of the situation of different minorities which experience more difficulties in asserting their rights and having them respected.
The principle of non-refoulement provided by the Geneva Convention in the national legislation and the different reports made available to the Court do not mention cases of refoulement contrary to the principles set out by the said convention. Consequently, the administrative Court maintained that Kosovo is to be considered as a safe country of origin within the meaning of Article 21, paragraph 4, of the law of 5 May 2006 and that the judgement rendered that declared the annulment of Article 1, paragraph 1, of the above-mentioned Grand-Ducal Regulation of 19 June 2013 was to be overturned
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