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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 02/07/2020
Type : Judgment
ECLI : ECLI:EU:C:2020:511
Case Number/Citation/ Document Symbol : C-18/19

WM (Tunisia) v Stadt Frankfurt am Main [Germany]

Tunisia

CJEU rules on legality of detention in prison for the purpose of removal of illegally staying third-country national

According to the CJEU judgment:

Article 16(1) 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 must be interpreted as not precluding national legislation which allows an illegally staying third-country national to be detained in prison accommodation for the purpose of removal, separated from ordinary prisoners, on the ground that he poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or the internal or external security of the Member State concerned.

The case concerned the interpretation of Article 16(1) of Directive 2008/115/EC (Returns Directive) and the lawfulness of a detention decision taken against the applicant, a Tunisian national, for the purpose of removal. He was held separated from ordinary prisoners as he was considered to pose a serious threat to the life and limb of others or to national security.

 

 

Detention/ Alternatives to Detention; Return/Removal/Deportation;

Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals);

EASO IDS

European Union, Court of Justice of the European Union [CJEU], WM (Tunisia) v Stadt Frankfurt am Main [Germany], C-18/19, ECLI:EU:C:2020:511, 02 July 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1124