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02/02/2022
LT: The Supreme Administrative Court of Lithuania referred a preliminary question to the CJEU regarding the compatibility with EU law of detention of a foreign national for illegal border crossing during an emergency situation declared due to a high influx of foreign nationals and considering that the person applied for asylum.

ECLI
Input Provided By
EUAA IDS
Type
Referral for a preliminary ruling
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 Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC; 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
Reference
Lithuania, Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas], M.A. v State Border Protection Service at the Ministry of the Interior of the Republic of Lithuania, A-1091-822/2022, 02 February 2022. 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=2405
Case history

The preliminary ruling of the CJEU is available here: European Union, Court of Justice of the European Union [CJEU], M.A. v State Border Protection Service at the Ministry of the Interior of the Republic of Lithuania, C-72/22 PPU, ECLI:EU:C:2022:505, 30 June 2022. 

The reopening of the case following the CJEU ruling is registered here: Lithuania, Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas], AM.A. v State Border Protection Service at the Ministry of the Interior of the Republic of Lithuania, A-1091-822/2022, 28 July 2022.

Other information
Abstract

The applicant was detained by the Polish border control after crossing the border from Lithuania. According to the applicant, Belarussian border guards had ensured he would enter Poland directly from Belarus and be able to reach his final destination, Germany. However, the applicant was considered to have crossed the border illegally during a state of emergency, declared due to an influx of foreign nationals, and this was the basis of his detention in Lithuania. The applicant claimed to have submitted asylum applications (both verbally and in writing) to the Migration Department of Lithuania which have all been rejected. Furthermore, he appealed against the judgment of the District Court of Alytus which confirmed his detention until a decision would be adopted on his legal status.


The Supreme Administrative Court stayed the procedure and raised a preliminary question to the CJEU, asking whether such a regulation is compatible with the European Union law. The court asked the CJEU to interpret Article 7(1) of the recast Asylum Procedures Directive in relation to Article 4(1) of the recast Qualification Directive and Article 8(2) and (3) of the recast Reception Conditions Directive.


Country of Decision
Lithuania
Court Name
LT: Supreme Administrative Court of Lithuania [Lietuvos vyriausiasis administracinis teismas]
Case Number
A-1091-822/2022
Date of Decision
02/02/2022
Country of Origin
Unknown
Keywords
Access to procedures
COVID-19/Emergency measures
Detention/ Alternatives to Detention