Answer given by Mr Avramopoulos on behalf of the Commission

17.7.2015

1. The European Commission was not aware of the pending national proceedings in Spain relating to Mr Ketebayev.

2. Although EU asylum law establishes common rules concerning the conditions and procedure for granting refugee status, it does not currently provide for the mutual recognition by Member States of refugee status granted by other Member States. However, where the authorities of a Member State are aware that refugee status has been granted by another Member State, this has to be duly taken into account when applying the principle of non-refoulement. According to this principle a State may not remove, expel or return a person to a territory where there is a serious risk that that person would be subject to persecution, torture or other inhuman or degrading treatment or from which there is a risk of removal, expulsion or return to another country.

As regards refugees who are long-term residents in a Member State other than the one which granted international protection, special rules on expulsion are laid down in Article 12 of the Long-Term Residence Directive.

3. As guardian of the Treaties establishing the European Union, the European Commission closely monitors situations in the Member States that might be in breach of EC law. The European Commission may intervene where either Union Law is wrongly transposed by a Member State or where there is evidence that the national authorities are systematically applying the legal instruments in a way which is in breach of EC law.