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25/06/2020
CJEU rules that judicial authorities adjudicating on the detention of a TCN without a legal right of residence can receive an application for international protection even though they are not competent, under national law, to register such applications

ECLI
ECLI:EU:C:2020:331
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE; Treaty on the Functioning of the European Union
Reference
European Union, Court of Justice of the European Union [CJEU], Ministerio Fiscal [Spain] v V.L., C-36/20 PPU, ECLI:EU:C:2020:331, 25 June 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1117
Case history
Other information
Abstract

According to the CJEU press release:


On 12 December 2019, a vessel carrying 45 men from third countries, including VL, a Malian national, was intercepted by the Spanish Marine Rescue service off the coast of Gran Canaria (Spain), where the third-country nationals were taken. The following day, an administrative authority ordered their removal and made a request for detention before the Juzgado de Instrucción nº 3 de San Bartolomé de Tirajana (Court of Preliminary Investigation No 3 of San Bartolomé de Tirajana, Spain). Once that court had informed him of his rights, VL stated his intention to apply for international protection. On account of the lack of available accommodation in a humanitarian reception centre, that court ordered that VL be detained in a detention centre for foreign nationals, where his application for international protection was to be processed. VL then appealed against the detention decision before that court, on the ground that it was incompatible with the Asylum Procedures Directive and Directive 2013/332 (‘the Reception Conditions Directive’). In those appeal proceedings, the court made a reference to the Court of Justice for a preliminary ruling, inter alia, on whether it fell within the concept of ‘other authorities’, within the meaning of the second subparagraph of Article 6(1) of the Asylum Procedures Directive, and, accordingly, whether it is likely to receive applications for international protection. It also asked the Court to rule on the lawfulness of holding VL in detention. 


The Court held that examining magistrates called upon to adjudicate on the detention of a third-country national without a legal right of residence fall within the concept of ‘other authorities’, within the meaning of the second subparagraph of Article 6(1) of Directive 2013/321 (‘the Asylum Procedures Directive’), which are likely to receive applications for international protection, even though they are not competent, under national law, to register such applications. On that basis, examining magistrates are required to inform the applicant as to the specific procedures for lodging such an application. The Court also ruled that the fact that it is not possible to find accommodation in a humanitarian reception centre cannot justify holding an applicant for international protection in detention.


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-36/20 PPU
Date of Decision
25/06/2020
Country of Origin
Keywords
Access to procedures
Asylum Procedures/Special Procedures
Detention/ Alternatives to Detention
Reception/Accommodation
Source
CURIA