According to the Advocate General of the Court of Justice of the European Union (CJEU), German law, which provides for the detention of immigrants until their deportation to prisons, violates Community law.
The amendment of the German legislation in 2019 – which allowed the German authorities to detain immigrants who intend to deport with criminal detainees by mid-2022 – is contrary to European law, explained the prosecutor, Jean Richard de la Tour.
In principle, under Community law, third-country nationals – ie. outside the EU – to be deported must be kept in special facilities. They are allowed to be held in prisons only in a state of force majeure or a state of emergency, the Attorney General points out.
The opinion concerns a case that was heard in a district court of Hanover. The question is whether it was in compliance with European law that a Pakistani national was held in Hanover prison until his deportation.
During his detention, criminals were transferred there. He had no contact with them, but they were all the responsibility of the same staff.
As the Advocate General noted, there is no state of emergency in Germany. In the case of a Pakistani citizen detained in Hanover, he ruled that this violated EU law.
The Advocate General’s opinion is not binding on the WEU, but its judges are often guided by it. His trial court is expected to announce its verdict in a few months.
The WEU is responsible for interpreting European Union law and its Member States’ compliance with it, it does not rule on the substance of any dispute pending before a national court.
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