Court of Justice of the European Union Rules Asylum Seeker May be Detained for National Security or Public Order Reasons (February 15, 2016) [1]
On February 15, 2016, the Court of Justice of the European Union (Court) ruled [3] (judgment not available in English) that EU law allows an asylum seeker to be detained for national security or public order reasons. According to the press release [4], J.N. had first applied for asylum in the Netherlands in 1995, and had continued to submit applications after he had been denied asylum and received an entry ban following twenty-one convictions and several prison sentences. The Dutch court sought a preliminary ruling to determine whether “an asylum seeker may be detained when the protection of national security or public order so requires.” The Court found that “the detention measure . . . genuinely meets an objective of general interest recognised by the EU,” noting that “the protection of national security and public order also contributes to the protection of the rights and freedoms of others.” The Court noted that a “fair balance” must be struck between the “asylum seeker’s right to liberty and the requirements relating to the protection of national security and public order.” It ruled that member states are obliged to carry out the provisions of the Return Directive [5], stressing that they “must not jeopardise the attainment of the objective pursued by the Return Directive, namely the establishment of an effective policy of removal and repatriation of illegally staying third-country nationals.”