argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Court of Justice of the European Union

On 25 January 2018, the Court of Justice of the European Union, in the case C-473/16 stated that an asylum seeker may not be subjected to a psychological test in order to determine his sexual orientation because the performance of such a test amounts to a disproportionate interference in the relative private life. In this respect, the Court observed that such interference is particularly serious because it is intended to give an insight into the most intimate aspects of the asylum seeker’s life and that the expert report seeking is not essential for the purpose of assessing the credibility of his statements relating to his sexual orientation. In these circumstances, the Court hold that recourse to a psychologist’s expert report for the purpose of assessing the veracity of a claim made by an asylum seeker as to his sexual orientation is not consistent with the Directive, read in the light of the Charter.