Case Law

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 | 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

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

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