Title	M.A. v Valstybės sienos apsaugos tarnyba, Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas, Case C-72/22 PPU
Publisher	European Union: Court of Justice of the European Union
Publication Date	30 June 2022
Country	Lithuania
Topics	Immigration Detention | Reception | Refugee status determination (RSD) / Asylum procedures | Right to liberty and security | State of emergency
Citation / Document Symbol	ECLI:EU:C:2022:505
Other Languages / Attachments	English summary
Cite as	M.A. v Valstybės sienos apsaugos tarnyba, Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas, Case C-72/22 PPU, ECLI:EU:C:2022:505, European Union: Court of Justice of the European Union, 30 June 2022, available at: https://www.refworld.org/cases,ECJ,62d03bce4.html [accessed 18 May 2023]
Comments	The Court, ruling under the urgent preliminary ruling procedure, holds that the Procedures Directive (4) precludes legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or in the event of a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are, de facto, denied the opportunity of having access to the procedure for examining an application for international protection in the territory of that Member State. Furthermore, the Court holds that the Reception Directive (5) precludes legislation of a Member State under which, in the event of such a declaration, an applicant for asylum may be detained on the sole ground that he or she is staying in the territory of that Member State illegally.
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