Opinion of the Advocate General — ECLI:EU:C:2014:2167
Date: 2014-09-04
Language of the case: French
Subject matter: Justice and home affairs
Procedure: Reference for a preliminary ruling
Origin: Belgium

summary of Articles 39/82 to 39/85 of the Law of 15 December 1980 set out in points 44 to 47 of this Opinion. 47 – In the preparatory documents for the Directive, the European Parliament none the less put forward a proposal to that effect. See amendment 53 to Article 13(1) in the Report by the European Parliament on the proposal for a directive (A6-0339/2007). 48 – Emphasis added. 49 – Emphasis added. 50 – Recitals 7 and 8 to Directive 2003/9. 51 – Emphasis added. I would none the less point out that the Commission did not make express reference to Articles 13 and 14 of Directive 2003/9, which guarantee asylum seekers material reception conditions so as to ensure that they enjoy an adequate standard of living and their subsistence needs are met. Thus, Article 13(2) of that directive obliges Member States to provide reception conditions (material or financial assistance) so as to ‘ensure a standard of living adequate for the health of [asylum] applicants and capable of ensuring their subsistence’. Article 14 provides that, ‘where housing is provided in kind, it should take [the form of] accommodation centres which guarantee an adequate standard of living [or] private houses, flats, hotels or other premises adapted for housing applicants’. 52 – Report of 8 February 2011 on reducing health inequalities in the (EU 2010/2089(INI)); see, in particular, recital AD and paragraph 5. 53 – See, with regard to Article 2 of the ECHR, the judgments of the ECtHR in Kutepov and Anikeyenko v. Russia, No 68029/01, paragraph 62, 25 October 2005, and Huc v. Romania and Germany (decision), No 7269/05, paragraph 59, 1 December 2009, and, with regard to Article 3 of the ECHR, Larioshina v. Russia (decision), No 56869/00, 23 April 2002, and Budina v. Russia (decision), No 45603/05, 18 June 2009. 54 – Recital 4 to Directive 2008/115. Emphasis added. 55 – In accordance with that provision, ‘[e]veryone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities’. 56 – I refer, in this regard, to Saciri and Others, C‑79/13, EU:C:2014:103, in which the Court ruled on the material reception conditions for asylum seekers, in particular in paragraph 40.