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Human rights / Arbitrary arrest and detention

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Opinion of Advocate General Sharpston in case C-704/17 in the request for a preliminary ruling by the Supreme Administrative Court of the Czech Republic

guidance on the interpretation of the provisions of Directive 2013/33/EU (2) which provide guarantees for applicants for international protection placed in administrative detention pursuant to a decision of the competent national authorities. The referring court seeks to ascertain whether that directive, read in conjunction with the Charter of Fundamental Rights of the European Union, (3) in particular the rights to liberty and security and to an effective remedy enshrined therein, precludes national rules which provide that proceedings challenging a detention decision must be discontinued if the person concerned is released.

31 January 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Effective remedy | Countries: Czech Republic

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