Court of Justice of the European Union.
The Court of Justice of the European Union (CJEU) has prevented Netherlands the deportation of a Russian citizen because he was receiving a medical cannabis treatment for analgesic purposes that is not available in the health of your country of origin. This interpretation of community law opens the door for other equivalent legal situations to be reviewed in the same sense as with patients of the National system of health (SNS) in Spain.
The patient was receiving medical care for a rare form of leukemia in the Netherlands, where he had made several applications for asylum in recent years to obtain residency. However, the last one was dismissed in 2020. Something that led him to file an appeal before the community courts with the aim of delay your removalfearing that the suspension of treatment will prevent him from “live worthily”.
The great room of Court of First Instance of The Hague He has finally proved him right when he considers that he is suffering from a “serious illness” that would worsen with his return to Russia. “He would be exposed to the danger of a considerable, irreparable and rapid increase in your pain, in case of return, due to the prohibition in said country of the only analgesic treatment that is effective”, the judge estimated Lenaerts.
The magistrate has stated that both the seriousness of the state of health and the medical treatment received in any member state may constitute “factors of his private life”, respect for which must be guaranteed in accordance with articles 7 and 8 of the European Convention on Human Rights (ECHR) and has established a position for the interpretation of the European Directive 2008/115 on the return of third-country nationals in an irregular situation.
The ruling has estimated that in order to assess this type of situation it is necessary to prove that the country of destination cannot legally administer the the only effective analgesic treatment” to the patient. “Discontinuation of treatment would expose you to pain of such intensity that it would be contrary to human dignity to the extent that it could cause serious and irreversible mental disorders”, the court has assessed.
“Progressive” pain conditions a deportation
The judges have extended this decision even in those cases in which the pathology is not going to cause a rapid increase in pain with the end of the treatment, but rather it can occur “progressively” over time: “It cannot be interpreted in a strict manner that only prevents the return of third-country nationals who are seriously ill in extreme cases”.
The Court of Justice of the European Union has thus overturned the arguments presented by the lawyer for the Dutch Government who had summoned the Immigration Circular to estimate that the particular case of this Russian citizen did not imply a “medical emergency situation that prevented their expulsion from the country. While they considered that in their country of origin there were “substitute treatments” to that of the cannabis medicinal.
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