Haqbin (Opinion) French Text [2019] EUECJ C-233/18_O (06 June 2019)

Haqbin (Opinion) French Text [2019] EUECJ C-233/18_O (06 June 2019)

Article 20(4) of Directive 2013/33/EU does not preclude national legislation allowing withdrawal of material reception conditions for unaccompanied minors for serious breaches or violent behaviour, provided that such a decision is accompanied by prior involvement of child protection authorities to guarantee...

Source-derived case information.

Citation
[2019] EUECJ C-233/18_O
Parties
Applicant: Zubair Haqbin; Respondent: Federaal agentschap voor de opvang van asielzoekers (Fedasil)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (eu Law) / Opinion of Advocate General
Outcome
Opinion: National law may allow exclusion of unaccompanied minors from material reception conditions for serious breaches, but only if child protection authorities are involved to ensure continuous, appropriate care.
Legal Topics
Reception Conditions for Asylum Seekers, Sanctions for Breaches in Reception Centres, Rights of Unaccompanied Minors, Interpretation of Directive 2013/33/eu, Dignity and Best Interests of the Child
EU Law Asylum Law Human Rights Reception Conditions for Asylum Seekers Sanctions for Breaches in Reception Centres Rights of Unaccompanied Minors Interpretation of Directive 2013/33/eu Dignity and Best Interests of the Child

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Parties

Zubair Haqbin

Applicant

Federaal agentschap voor de opvang van asielzoekers (Fedasil)

Respondent

Procedural Posture

Preliminary Reference (eu Law) / Opinion of Advocate General

  1. 1 Whether Article 20(4) of Directive 2013/33/EU allows exclusion of unaccompanied minors from material reception conditions for serious breaches or violent behaviour
  2. 2 What procedural and substantive safeguards are required when imposing such sanctions, especially regarding the dignity and best interests of the child
  3. 3 Whether national law is compatible with EU law and the Charter of Fundamental Rights when it allows temporary exclusion of unaccompanied minors from reception conditions

Ratio Decidendi

Article 20(4) of Directive 2013/33/EU does not preclude national legislation allowing withdrawal of material reception conditions for unaccompanied minors for serious breaches or violent behaviour, provided that such a decision is accompanied by prior involvement of child protection authorities to guarantee continuous and appropriate care tailored to the minor's needs, thus ensuring a dignified standard of living and the best interests of the child.

Court Disposition

Opinion: National law may allow exclusion of unaccompanied minors from material reception conditions for serious breaches, but only if child protection authorities are involved to ensure continuous, appropriate care.