Case summaries
CJEU - C‑474/13, Thi Ly Pham v Stadt Schweinfurt, Amt für Meldewesen und Statistik
Country of applicant:
Vietnam
A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal. The same rule applies even if the migration detainee has consented to being confined to prison.
Date of decision:
17-07-2014
Relevant International and European Legislation:
EN - Charter of Fundamental Rights of the European Union,Article 16,Article 18,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (17),Article 15,1.,5.,6.