X and Others v Staatssecretaris van Justitie en Veiligheid (C-125/22)

Judgment of 9 Nov 2023

law://eu/cjeu/2022/c-125-22/para_60@2026-11-14

60Second, it is apparent from recital 16 of Directive 2011/95 that that directive must be interpreted in a manner that is consistent with the fundamental rights recognised by the Charter, including, in particular, Article 4 thereof (see, to that effect, judgment of 24 April 2018, MP (Subsidiary protection of a person previously a victim of torture), C‑353/16, EU:C:2018:276, paragraph 36). In accordance with Article 52(3) of the Charter, in so far as the rights guaranteed by Article 4 thereof correspond to those guaranteed by Article 3 ECHR, the meaning and scope of those rights are the same as those laid down by that Article 3 (see, to that effect, judgment of 22 November 2022, Staatssecretaris van Justitie en Veiligheid (Removal – Medicinal cannabis), C‑69/21, EU:C:2022:913, paragraph 60 and the case-law cited), which does not, however, prevent EU law from providing more extensive protection to the said rights. When interpreting Article 4 of the Charter, account must therefore be taken of Article 3 ECHR, as interpreted by the European Court of Human Rights, as the minimum threshold of protection (see, by analogy, judgment of 22 June 2023, K.B. and F.S. (Raising ex officio of an infringement in criminal proceedings), C‑660/21, EU:C:2023:498, paragraph 41 and the case-law cited).

X and Others v Staatssecretaris van Justitie en Veiligheid (C-125/22)

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