CJEU: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Toscana – Case C-726/18 (FW, GY v U.T.G.)

Date: 
Thursday, November 22, 2018

On 22 November, the Regional Administrative Tribunal of Tuscany (Italy) referred the following questions to the Court of Justice of the European Union:

1. Does Article 20(4) of Directive 2013/33/EU (1) preclude an interpretation of Article 23 of Legislative Decree No 142/2015 as meaning that conduct that infringes general rules of national law, not specifically reproduced in reception centre rules, may also constitute a serious breach of those rules if it potentially disrupts life within the reception centres?

In the event of an affirmative answer, the following further question is referred to, and requires an answer by, the Court:

2. Does Article 20(4) of Directive 2013/33/EU preclude an interpretation of Article 23 of Legislative Decree No 142/2015 as meaning that conduct on the part of the applicant for international protection that does not constitute a criminal offence punishable under the laws of the Member State may also be taken into consideration for the purpose of withdrawing reception measures, if that conduct might nevertheless potentially disrupt life within the centre in which the persons concerned are placed?


This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE. 

                                                     

 

Keywords: 
Reception conditions