La protezione sussidiaria dello straniero nei c.d. medical cases : una discutibile sentenza della Corte di Giustizia dell’Unione Europea

Abstract

In the MP judgement of 24 April 2018, the European Court of Justice ruled that the expulsion of the asylum seeker with health problems is contrary to the prohibition of torture and inhuman or degrading treatment, within the meaning of Article 15, lett. b of the directive 2004/83, only if there is a real risk of him being intentionally deprived of appropriate health care in his country of origin. Therefore, the person concerned is eligible for subsidiary protection. The first part of the contribution summarizes the Court of Justice’s judgement. The second part focuses on the critical issue of the standard of intentional deprivation of healthcare. Lastly, the narrow notion of torture and inhuman or degrading treatment employed in the MP judgement is compared with the more flexible one, used by the Court of Justice in some other judgements concerning the expulsion of an ill asylum seeker.