This document is an excerpt from the EUR-Lex website
Document 62022CA0072
Case C-72/22 PPU: Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A. (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Asylum and immigration policy — Directive 2011/95/EU — Article 4 — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 6 and 7 — Standards for the reception of applicants for international protection — Article 18 of the Charter of Fundamental Rights of the European Union — Directive 2013/33/EU — Article 8 — Detention of the applicant — Ground for detention — Protection of national security or public order — Detention of the applicant for having entered the territory of the European Union unlawfully)
Case C-72/22 PPU: Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A. (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Asylum and immigration policy — Directive 2011/95/EU — Article 4 — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 6 and 7 — Standards for the reception of applicants for international protection — Article 18 of the Charter of Fundamental Rights of the European Union — Directive 2013/33/EU — Article 8 — Detention of the applicant — Ground for detention — Protection of national security or public order — Detention of the applicant for having entered the territory of the European Union unlawfully)
Case C-72/22 PPU: Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A. (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Asylum and immigration policy — Directive 2011/95/EU — Article 4 — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 6 and 7 — Standards for the reception of applicants for international protection — Article 18 of the Charter of Fundamental Rights of the European Union — Directive 2013/33/EU — Article 8 — Detention of the applicant — Ground for detention — Protection of national security or public order — Detention of the applicant for having entered the territory of the European Union unlawfully)
OJ C 318, 22.8.2022, p. 18–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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22.8.2022 |
EN |
Official Journal of the European Union |
C 318/18 |
Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A.
(Case C-72/22 PPU) (1)
(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Asylum and immigration policy - Directive 2011/95/EU - Article 4 - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Articles 6 and 7 - Standards for the reception of applicants for international protection - Article 18 of the Charter of Fundamental Rights of the European Union - Directive 2013/33/EU - Article 8 - Detention of the applicant - Ground for detention - Protection of national security or public order - Detention of the applicant for having entered the territory of the European Union unlawfully)
(2022/C 318/25)
Language of the case: Lithuanian
Referring court
Lietuvos vyriausiasis administracinis teismas
Parties to the main proceedings
Applicant: M.A.
Intervener: Valstybės sienos apsaugos tarnyba
Operative part of the judgment
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1. |
Articles 6 and 7(1) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as precluding legislation of a Member State pursuant to which, in the event of a declaration of a state of war or a state of emergency or 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, in the territory of that Member State, to the procedure for examining an application for international protection. |
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2. |
Article 8(2) and (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 persons seeking international protection must be interpreted as precluding legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, an applicant for asylum may be detained on the sole ground that his or her stay in the territory of that Member State is unlawful. |