Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-11/cp220177en.pdf

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PRESS RELEASE No 177/22

Luxembourg, 8 November 2022

Judgment of the Court in Joined Cases C-704/20 and C 39/21 | Staatssecretaris van Justitie en Veiligheid (Ex officio review of detention)

A national court is required to ascertain of its own motion whether a detention measure taken in respect of an illegally staying foreign national or an asylum seeker is lawful It follows from EU law 1 that the adoption of a measure detaining, or continuing the detention of, a foreign national who has lodged an application for international protection or who is staying illegally in the territory of a Member State is subject to compliance with a set of conditions relating to lawfulness Nationals of Algeria, Morocco and Sierra Leone have challenged detention measures taken in respect of them before the Netherlands court.

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