Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 17 November 2015 — J.N.; other party: Staatssecretaris van Justitie en Veiligheid

(Case C-601/15)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellant: J.N.

Other party: Staatssecretaris van Justitie en Veiligheid

Question referred

Is Article 8(3)(e) 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 (OJ 2013 L 180, p. 96) valid in the light of Article 6 of the Charter of Fundamental Rights of the European Union (OJ 2007 C 303, p. 1):

in a situation where a third-country national has been detained pursuant to Article 8(3)(e) of that directive and, under Article 9 of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ 2013 L 180, p. 60), has the right to remain in a Member State until a decision on his asylum application has been made at first instance, and

in view of the Explanation (OJ 2007 C 303, p. [19]) that the limitations which may legitimately be imposed on the rights in Article 6 of the Charter may not exceed those permitted by the European Convention on Human Rights in the wording of its Article 5[(1)](f), and in the light of the interpretation by the European Court of Human Rights of the latter provision in, inter alia, the judgment of 22 September 2015 in Nabil and Others v Hungary, 62116/12, according to which the detention of an asylum-seeker is contrary to the aforementioned Article 5(1)(f) if such detention was not imposed with a view to removal?

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