Ordre des barreaux francophones and germanophone and Others (Mesures preventives en vue d'eloignement) (Opinion) French Text [2021] EUECJ C-718/19_O (10 February 2021)

Ordre des barreaux francophones and germanophone and Others (Mesures preventives en vue d'eloignement) (Opinion) French Text [2021] EUECJ C-718/19_O (10 February 2021)

EU law does not, in principle, preclude Member States from applying to EU citizens and their family members subject to removal measures preventive measures or maximum detention periods similar to those applicable to third-country nationals, provided such measures are based on objective considerations, are...

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Citation
[2021] EUECJ C-718/19_O
Parties
Applicant: Ordre des barreaux francophones et germanophone; Applicant: Association pour le droit des Étrangers ASBL; Applicant: Coordination et Initiatives pour et avec les Réfugiés et Étrangers ASBL; Applicant: Ligue des Droits de l’Homme ASBL; Applicant: Vluchtelingenwerk Vlaanderen ASBL; Respondent: Conseil des ministres
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (opinion of Advocate General) / Opinion of Advocate General Before Judgment
Outcome
Opinion proposes that EU law does not preclude national legislation applying preventive measures and maximum detention periods to EU citizens subject to removal, provided such measures are objective and proportionate.
Legal Topics
Free Movement of Persons, Citizenship of the Union, Expulsion and Removal of EU Citizens, Preventive Measures Against Absconding, Detention Pending Removal, Proportionality, Procedural Autonomy of Member States
European Union Law Immigration Law Human Rights Free Movement of Persons Citizenship of the Union Expulsion and Removal of EU Citizens Preventive Measures Against Absconding Detention Pending Removal +2 more

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Parties

Ordre des barreaux francophones et germanophone

Applicant

Association pour le droit des Étrangers ASBL

Applicant

Coordination et Initiatives pour et avec les Réfugiés et Étrangers ASBL

Applicant

Ligue des Droits de l’Homme ASBL

Applicant

Vluchtelingenwerk Vlaanderen ASBL

Applicant

Conseil des ministres

Respondent

Procedural Posture

Preliminary Reference (opinion of Advocate General) / Opinion of Advocate General Before Judgment

  1. 1 Whether EU law (Articles 20 and 21 TFEU, Directive 2004/38/EC) precludes national legislation applying to EU citizens and their family members subject to removal measures identical or similar to those applicable to third-country nationals under Directive 2008/115/EC, specifically regarding preventive measures to avoid risk of absconding and maximum detention periods pending removal.

Ratio Decidendi

EU law does not, in principle, preclude Member States from applying to EU citizens and their family members subject to removal measures preventive measures or maximum detention periods similar to those applicable to third-country nationals, provided such measures are based on objective considerations, are proportionate, and do not undermine the rights conferred by EU law, particularly the right to free movement. The legality of such measures depends on their justification and proportionality in each case.

Court Disposition

Opinion proposes that EU law does not preclude national legislation applying preventive measures and maximum detention periods to EU citizens subject to removal, provided such measures are objective and proportionate.