Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/10/2013

Subject: The Court affirmed that a failure to respect the rights of defence in a decision extending detention for the purpose of removal does not automatically bring about the lifting of the detention. The national court must assess whether such an infringement has actually deprived the party relying thereon of the possibility of better arguing its defence to the extent that the outcome of the administrative procedure that led to the decision maintaining the detention could have been different.

Parties: M.G. e N.R.

Classification: Justice - Art. 48 Rights of defence

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