European Union: Court of Justice of the European Union

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

Hungary has failed to fulfil its obligations: – in providing that applications for international protection from third-country nationals or stateless persons who, arriving from Serbia, wish to access, in its territory, the international protection procedure, may be made only in the transit zones of Röszke and Tompa, while adopting a consistent and generalised administrative practice drastically limiting the number of applicants authorised to enter those transit zones daily; – in establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa, without observing the guarantees provided for in Article 24(3) and Article 43 of Directive 2013/32 and Articles 8, 9 and 11 of Directive 2013/33; – in allowing the removal of all third-country nationals staying illegally in its territory, with the exception of those of them who are suspected of having committed a criminal offence, without observing the procedures and safeguards laid down in Article 5, Article 6(1), Article 12(1) and Article 13(1) of Directive 2008/115; – in making the exercise by applicants for international protection who fall within the scope of Article 46(5) of Directive 2013/32 of their right to remain in its territory subject to conditions contrary to EU law.

17 December 2020 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Access to procedures - Illegal entry - Immigration Detention | Countries: Hungary

10 November 2016 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Immigration Detention | Countries: Czech Republic - Iraq

18 August 2014 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Criminal justice - Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Immigration Detention | Countries: Cyprus - Iran, Islamic Republic of

17 July 2014 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Deportation / Forcible return - Illegal immigrants / Undocumented migrants - Immigration Detention - Prison or detention conditions | Countries: Germany - Morocco - Syrian Arab Republic