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DIRECTIVE 2013/32/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on common procedures for granting and withdrawing international protection (recast)

1.   In addition to cases in which an application is not examined in accordance with Regulation (EU) No 604/2013, Member States are not required to examine whether the applicant qualifies for international protection in accordance with Directive 2011/95/EU where an application is considered inadmissible pursuant to this Article.

2.   Member States may consider an application for international protection as inadmissible only if:

(a)

another Member State has granted international protection;

(b)

a country which is not a Member State is considered as a first country of asylum for the applicant, pursuant to Article 35;

(c)

a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 38;

(d)

the application is a subsequent application, where no new elements or findings relating to the examination of whether the applicant qualifies as a beneficiary of international protection by virtue of Directive 2011/95/EU have arisen or have been presented by the applicant; or

(e)

a dependant of the applicant lodges an application, after he or she has in accordance with Article 7(2) consented to have his or her case be part of an application lodged on his or her behalf, and there are no facts relating to the dependant’s situation which justify a separate application.


Article 33 §2 – Ahmedbekova - Case C-652/16
Article 33 – Ibrahim, Sharqawi and Others and Magamadov - Joined Cases C-297/17, C-318/17, C-319/17, C-438/17
Article 33 §2 – Ibrahim, Sharqawi and Others and Magamadov - Joined Cases C-297/17, C-318/17, C-319/17, C-438/17
Article 33 – FMS Case C-924/19 PPU
Article 33 §2 – FMS Case C-924/19 PPU
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