CJEU Case C-387/24 PPU / Judgment

C v Staatssecretaris van Justitie en Veiligheid
Policy area
Asylum and migration
Deciding body type
Court of Justice of the European Union
Type
Decision
Decision date
04/10/2024
ECLI (European case law identifier)
ECLI:EU:C:2024:868
  • CJEU Case C-387/24 PPU / Judgment

    Key facts of the case: 

    Reference for a preliminary ruling – Urgent preliminary ruling procedure – Border control, asylum and immigration – Directive 2008/115/EC – Article 15(2)(b) – Detention of a third-country national for the purpose of removal – Directive 2013/33/EU – Article 9 – Detention of an applicant for international protection – Regulation (EU) No 604/2013 – Article 28(2) – Detention for the purpose of transfer – Unlawful detention – Articles 6 and 47 of the Charter of Fundamental Rights of the European Union 

    Outcome of the case: 

    On those grounds, the Court (First Chamber) hereby rules:

    Article 15(2) and (4) 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, Article 9(3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection, and Article 28(4) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, read in the light of Articles 6 and 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding national legislation which does not require the competent judicial authority to order the release of a third-country national, who is in detention pursuant to a measure adopted on the basis of Directive 2008/115, on the ground that that person, whose detention had initially been ordered pursuant to a measure adopted on the basis of Regulation No 604/2103, had not been released immediately after a finding that that latter measure had become unlawful.

  • Paragraphs referring to EU Charter

    40. ...the referring court asks, in essence, whether Article 15(2) and (4) of Directive 2008/115, Article 9(3) of Directive 2013/33 and Article 28(4) of the Dublin III Regulation, read in the light of Articles 6 and 47 of the Charter, must be interpreted as precluding national legislation which does not require the competent judicial authority to order the release of a third-country national, who is in detention pursuant to a measure adopted on the basis of Directive 2008/115, on the ground that that person, whose detention had initially been ordered pursuant to a measure adopted on the basis of the Dublin III Regulation, had not been released immediately after a finding that that latter measure had become unlawful.

    41. ...any detention of a third-country national, whether under Directive 2008/115 in the context of a return procedure as a result of an illegal stay, under Directive 2013/33 in the context of the processing of an application for international protection, or under the Dublin III Regulation in the context of the transfer of an applicant for such protection to the Member State responsible for examining his or her application, constitutes a serious interference with the right to liberty enshrined in Article 6 of the Charter.

    ...

    43. In view of the gravity of that interference with the right to liberty enshrined in Article 6 of the Charter and of the importance of that right, the power of the competent national authorities to detain third-country nationals is strictly circumscribed. A detention measure may thus be ordered or extended only in compliance with the general and abstract rules laying down the conditions and procedures governing such a measure.

    ...

    56. It is indeed settled case-law that, under Article 47 of the Charter, the Member States must ensure effective judicial protection of rights which individuals derive from EU law.

    ...

    59. Second, as regards the right to effective judicial protection laid down in Article 47 of the Charter, it should be observed that, as the Netherlands Government confirmed at the hearing, the referring court may order the State Secretary to pay a greater amount of compensation than that specifically offered by that authority in the present case.

    ...

    61. ...the answer to the question referred is that Article 15(2) and (4) of Directive 2008/115, Article 9(3) of Directive 2013/33 and Article 28(4) of the Dublin III Regulation, read in the light of Articles 6 and 47 of the Charter, must be interpreted as not precluding national legislation which does not require the competent judicial authority to order the release of a third-country national, who is in detention pursuant to a measure adopted on the basis of Directive 2008/115, on the ground that that person, whose detention had initially been ordered pursuant to a measure adopted on the basis of the Dublin III Regulation, had not been released immediately after a finding that that latter measure had become unlawful.

  • Paragraphs referring to EU Charter (original language)