Case C-72/22 PPU: Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A. (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Asylum and immigration policy — Directive 2011/95/EU — Article 4 — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 6 and 7 — Standards for the reception of applicants for international protection — Article 18 of the Charter of Fundamental Rights of the European Union — Directive 2013/33/EU — Article 8 — Detention of the applicant — Ground for detention — Protection of national security or public order — Detention of the applicant for having entered the territory of the European Union unlawfully)
Date: 2022-06-30
Institutions: Court of Justice
Subjects: Lithuania, asylum seeker, foreign national, illegal migration, imprisonment, migratory movement, right of asylum, state of emergency








C_2022318EN.01001802.xml










22.8.2022   


EN


Official Journal of the European Union


C 318/18






Judgment of the Court (First Chamber) of 30 June 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — M.A.
(Case C-72/22 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Asylum and immigration policy - Directive 2011/95/EU - Article 4 - Common procedures for granting and withdrawing international protection - Directive 2013/32/EU - Articles 6 and 7 - Standards for the reception of applicants for international protection - Article 18 of the Charter of Fundamental Rights of the European Union - Directive 2013/33/EU - Article 8 - Detention of the applicant - Ground for detention - Protection of national security or public order - Detention of the applicant for having entered the territory of the European Union unlawfully)
(2022/C 318/25)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Applicant: M.A.

Intervener: Valstybės sienos apsaugos tarnyba

Operative part of the judgment







1.


Articles 6 and 7(1) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection must be interpreted as precluding legislation of a Member State pursuant to which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are de facto denied the opportunity of having access, in the territory of that Member State, to the procedure for examining an application for international protection.










2.


Article 8(2) and (3) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of persons seeking international protection must be interpreted as precluding legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or a declaration of an emergency due to a mass influx of foreigners, an applicant for asylum may be detained on the sole ground that his or her stay in the territory of that Member State is unlawful.






(1)  OJ C 171, 25.4.2022.