Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 5 July 2013 – M.G., N.R.; other party: Staatssecretaris van Veiligheid en Justitie
(Case C-383/13)
Language of the case: Dutch
Referring court
Raad van State
Parties to the main proceedings
Appellants: M.G.
N.R.
Other party: Staatssecretaris van Veiligheid en Justitie
Questions referred
Does infringement by the national administrative authority of the general principle of respect for the rights of the defence, which is also given expression in Article 41(2) of the Charter of Fundamental Rights of the European Union, 1 in (the course of the preparation of) an extension decision within the terms of Article 15(6) of Directive 2008/115/EC 2 of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, automatically and in all cases mean that the detention must be lifted?
Does that general principle of respect for the rights of the defence leave scope for a balancing of interests in which, in addition to the seriousness of the infringement of that principle and the interests of the foreign national adversely affected thereby, the interests of the Member State served by the extension of the detention measure are also taken into account?
____________1 OJ 2000 C 364, p. 1.
2 OJ 2008 L 348, p. 98.