You are here:

CJEU Case C-18/19 / Opinion

WM v Stadt Frankfurt am Main

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
27/02/2020

Key facts of the case:

Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court should answer the question referred for a preliminary ruling by the Bundesgerichtshof (Federal Court of Justice, Germany) as follows:

Article 16 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Article 15 of that directive and in the light of Articles 1 to 4, 6 and 47 of the Charter of Fundamental Rights of the European Union is to be interpreted as not precluding national legislation which allows for the detention in prison accommodation of a third-country national awaiting removal who poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, or the internal or external security of the Member State concerned, which is for the competent national authority to ascertain, subject to a prohibition of contact with convicted detainees.

It is likewise for the competent national authority, before which an action is brought relating to the decision to detain or extend the detention of a third-country national awaiting removal in prison accommodation, to examine specifically and in detail the conditions of detention of that third-country national in order to ensure compliance both with the principles of effectiveness and proportionality and with the minimum safeguards provided for in Article 16 of Directive 2008/115 as well as with the fundamental rights of the third-country national, as enshrined in Articles 1 to 4, 6 and 47 of the Charter of Fundamental Rights.