Orientamento sessuale e protezione internazionale nella sentenza A, B, C v. Staatssecretaris van Veiligheid en Justitie: il problema della credibilità del richiente asilo LGBTI

Abstract

The article examines the judgment of the Court of Justice of the European Union (case A, B, C v. Staatssecretaris van Veilighe en Justitie), dealing with the methods that national competent authorities can adopt when they assess asylum seekers claims based on the ground of sexual orientation. The Court excludes the legitimacy of certain methods of ascertaining the credibility of the applicant's declarations, drawing both upon relevant provisions of directive 2004/83 and the Charter of fundamental rights of the European Union (articles 1 and 7). In the light of the outcome and reasoning of the judgment, the article discusses the problem of the credibility assessment of asylum applicants, considering the relationship between claims founded on sexual orientation and other claims. In particular the article gives an insight into the relevant EU legal framework and reflect on the relationship between the judgment of the Court of Justice and ECtHR as well as national jurisprudence.