Date of the decision: 1 August 2022
Country: Italy
Jurisdiction: European Court of Justice (Preliminary rulling)
Legal basis: interpretation of Article 20(4) and (5) of Directive 2013/33/EU
Subject:
The sentence discusses the interpretation of Article 20(4) and (5) of Directive 2013/33/EU by the European Court of Justice in response to a question from Italy's Council of State. The case concerns the exclusion of an asylum seeker from material reception conditions by the Prefettura di Firenze and the interpretation of Article 20(4) and (5), which relate to seriously violent behaviour and Member States' right to determine applicable sanctions.
The Court stated that these individuals cannot have their basic needs, such as food, clothing, and accommodation, taken away as a punishment for violent behaviour. This is because it deprives them of the essential means to live and violates their fundamental human rights.
The Court also emphasized that revoking material reception conditions for serious violations or violent behaviour must comply with conditions such as proportionality and respect for human dignity. While Italian law allows for the revocation of material reception measures for certain conduct, the Court found that it violates the directive that protects international protection applicants.
Furthermore, the Court clarified that Member States can adopt measures to protect themselves from abuse of the reception system, but they must still respect the rights and dignity of the applicants. Therefore, any measures taken must be proportionate and consistent with the principles of human dignity and human rights.
Overall, the European Court of Justice has made it clear that while Member States have a responsibility to protect themselves from abuse of the reception system, they cannot do so at the expense of the basic needs and rights of international protection applicants. Any measures taken must be in line with fundamental human rights and respect the dignity of the individuals involved.
More info and the text of the decision can be found on InfoCuria Case-law.
English
Jurisdiction:
Court of Justice of the European Union
Subject:
Migrant rights
Principle of proportionality
Country:
