94In the light of all the foregoing, the answer to the question referred in Case C‑704/20 and to the first question referred in Case C‑39/21 is that Article 15(2) and (3) of Directive 2008/115, Article 9(3) and (5) of Directive 2013/33 and Article 28(4) of Regulation No 604/2013, read in conjunction with Articles 6 and 47 of the Charter, must be interpreted as meaning that a judicial authority’s review of compliance with the conditions governing the lawfulness of the detention of a third-country national which derive from EU law must lead that authority to raise of its own motion, on the basis of the material in the file brought to its attention, as supplemented or clarified during the adversarial proceedings before it, any failure to comply with a condition governing lawfulness which has not been invoked by the person concerned.
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