CJEU - Request for a preliminary ruling, C-704/17 D.H.

Friday, December 15, 2017

On 15 December 2017, the Supreme Administrative Court of the Czech Republic requestedthe CJEU for a preliminary ruling regarding the right to an effective remedy to challenge detention under the recast Reception Conditions Directive and national legislation precluding a court to review a judicial decision concerning detention after the applicant has been released from detention. The question referred read as follows:

Does the interpretation of Article 9 of Directive 2013/33/EU of the European Parliament and of the Council (OJ 2013 L 180, p. 96) in conjunction with Articles 6 and 47 of the Charter of Fundamental Rights of the European Union preclude national legislation which does not allow the Nejvyšší správní soud (Supreme Administrative Court) to review a judicial decision concerning detention of a foreign national after the foreign national has been released from detention?

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Effective remedy (right to)