Last Updated: Wednesday, 17 May 2023, 15:20 GMT

European Union: Court of Justice of the European Union

To ensure that the law is enforced, understood and uniformly applied in all Member States, a judicial institution is essential. That institution is the Court of Justice of the European Communities. It is composed of three courts: the Court of Justice (created in 1952), the Court of First Instance (created in 1988) and the Civil Service Tribunal (created in 2004). The Court of Justice of the European Communities, together with the national courts, thus constitutes the European Community’s judiciary. The Court’s main task is to interpret Community law uniformly and to rule on its validity. It answers questions referred to it by the national courts, which play a vital role, as they apply Community law at local level. The judgments of the Court of Justice of the European Communities — together with the treaties, regulations, directives and decisions — make up Community law.  Website: curia.europa.eu/en/
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M.A. v Valstybės sienos apsaugos tarnyba, Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas, Case C-72/22 PPU

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.

30 June 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security - State of emergency | Countries: Lithuania

K. v Staatssecretaris van Veiligheid en Justitie

14 September 2017 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Immigration Detention - Proof of nationality - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security | Countries: Iran, Islamic Republic of - Netherlands

Case C-528/15 Al Chodor

15 March 2017 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Immigration Detention - Right to liberty and security - Transit | Countries: Czech Republic - Greece - Hungary - Iraq - Türkiye

J. N. c Staatssecretaris van Veiligheid en Justitie

15 February 2016 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): National security / Public order - Rejected asylum-seekers - Right to liberty and security | Countries: Netherlands

Rahmanian Koushkaki v. Bundesrepublik Deutschland

19 December 2013 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Illegal immigrants / Undocumented migrants - Right to justice - Right to liberty and security - Visas | Countries: Germany - Iran, Islamic Republic of

Saïd Shamilovich Kadzoev v. Direktsia ‘Migratsia' pri Ministerstvo na vatreshnite raboti

Reference for a preliminary ruling from the Administrativen Sad Sofia-grad, Bulgaria lodged on 7 September 2009.

30 November 2009 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Asylum-seekers - Deportation / Forcible return - Illegal entry - Illegal immigrants / Undocumented migrants - Immigration Detention - Right to liberty and security | Countries: Bulgaria - Russian Federation

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