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Home ›CJEU – C-233/18 Haqbin, 12 November 2019
Printer-friendly versionPDF version of SummaryThat court decided to stay the proceedings and submitted a reference for a preliminary ruling on the exhaustive nature of cases that may incur reduction/withdrawal of reception conditions, the obligation of the authorities to guarantee a dignified standard of living and considerations applying in cases where minors are involved.
Article 20(4) and (5) of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection, read in the light of Article 1 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State cannot, among the sanctions that may be imposed on an applicant for serious breaches of the rules of the accommodation centres as well as seriously violent behaviour, provide for a sanction consisting in the withdrawal, even temporary, of material reception conditions, within the meaning of Article 2(f) and (g) of the directive, relating to housing, food or clothing, in so far as it would have the effect of depriving the applicant of the possibility of meeting his or her most basic needs. The imposition of other sanctions under Article 20(4) of the directive must, under all circumstances, comply with the conditions laid down in Article 20(5) thereof, including those concerning the principle of proportionality and respect for human dignity. In the case of an unaccompanied minor, those sanctions must, in the light, inter alia, of Article 24 of the Charter of Fundamental Rights, be determined by taking particular account of the best interests of the child.
The judgment did not follow the Opinion of Advocate General Campos Sánchez-Bordona who had suggested an interpretation that would not preclude the withdrawal of material reception conditions, provided that that decision is accompanied by the prior involvement of the assistance services and/or the judicial authorities responsible for child protection, in such a way as to ensure that that minor will receive ongoing support appropriate for the specific needs which his age, status and situation require.
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