Case summaries
This case concerned the legality of a circular in French law which was challenged by two organisations on the basis that it was contrary to EU Law under the Reception Conditions Directive in so far as it excludes asylum seekers from entitlement to allowances if they are in the Dublin procedure in France. The CJEU held that the Reception Conditions Directive applies in such a scenario and therefore asylum seekers in the Dublin procedure should have access to the minimum reception conditions laid down in that Directive. This obligation ceases when the person is actually transferred to another Member State.
1. The expulsion of a recognised refugee may only take place subject to the requirements of Article 21 (3) in conjunction with (2) and Article 24 (1) of the Qualification Directive.
2. Compelling grounds for public security or order according to Article 24 (1) of the Qualification Directive do not presuppose any outstanding acts of extraordinary danger in support of international terrorism; neither does specific involvement of a sympathiser suffice unless it is characterised by a large degree of continuity and as such shapes and influences the environment of the terrorist organisation.
The case concerned whether the Returns Directive precludesnational legislation providing for the imposition of a sentence of imprisonment on a third-country national on the sole ground of their illegal entry or residence in national territory.