Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 13 December 2023 – A.M. v Staatssecretaris van Justitie en Veiligheid

(Case C-767/23, Remling ¹ )

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Applicant: A.M.

Defendant: Staatssecretaris van Justitie en Veiligheid

Question referred

Must the third paragraph of Article 267 of the Treaty on the Functioning of the European Union, read in the light of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding national legislation such as Article 91(2) of the Vreemdelingenwet 2000 (Law on foreign nationals of 2000), under which the Afdeling bestuursrechtspraak van de Raad van State (Administrative Law Division of the Council of State), as a national court whose decisions are not amenable to appeal, can rule summarily, without substantiating which of the three exceptions to its obligation to refer occurs, on a question raised about the interpretation of EU law, whether or not in conjunction with an explicit request for a preliminary ruling?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.