K and Others v Staatssecretaris van Justitie en Veiligheid (C-156/23)

Judgment of 17 Oct 2024

law://eu/cjeu/2023/c-156-23/para_35@2026-11-12

35Article 5 of Directive 2008/115, which is a general rule binding on the Member States as soon as they implement that directive, obliges the competent national authority to observe, at all stages of the return procedure, the principle of non-refoulement, which is guaranteed, as a fundamental right, in Article 18 of the Charter, read in conjunction with Article 33 of the Geneva Convention, and in Article 19(2) of the Charter (judgments of 22 November 2022, Staatssecretaris van Justitie en Veiligheid (Removal – Medicinal cannabis), C‑69/21, EU:C:2022:913, paragraph 55, and of 6 July 2023, Bundesamt für Fremdenwesen und Asyl (Refugee who has committed a serious crime), C‑663/21, EU:C:2023:540, paragraph 49). Consequently, having regard to the objective which it pursues, Article 5 cannot be interpreted restrictively (see, to that effect, judgment of 11 March 2021, État belge (Return of the parent of a minor), C‑112/20, EU:C:2021:197, paragraph 35). Lastly, that Article 5 has direct effect and may therefore be relied on by an individual and applied by the administrative authorities and by the courts of Member States (judgment of 27 April 2023, M.D. (Ban on entering Hungary), C‑528/21, EU:C:2023:341, paragraph 97).

K and Others v Staatssecretaris van Justitie en Veiligheid (C-156/23)

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