Judgment_paragraph 41 · X and Others v État belge (C-1/23 PPU)

41However, it must be borne in mind, in the first place, that while Article 5(1) of Directive 2003/86 affords to the Member States a margin of appreciation in that respect, that margin of appreciation must not be used by them in a manner which would undermine the objective of that directive or its effectiveness (see, by analogy, judgments of 13 March 2019, E., C‑635/17, EU:C:2019:192, paragraph 53, and of 12 December 2019, G.S. and V.G. (Threat to public policy), C‑381/18 and C‑382/18, EU:C:2019:1072, paragraph 62 and the case-law cited).