This decision concerns a request for a preliminary ruling on the interpretation of article 5 of Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return Directive). The CJEU found that the child’s best interests principle applies also to decisions which are not addressed directly to a minor but have significant consequences for them.
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This decision concerns a request for a preliminary ruling on the interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003 (the Dublin II Regulation). The CJEU found that the child’s best interests must be a primary consideration in all decisions adopted by the Member States on the basis of the referred norm.
The recast “Reception Conditions Directive” is a recast of a previous Directive (Council Directive 2003/9/EC of 27 January 2003), with implementation deadline of 21 July 2015. The Directive covers also detention of asylum seekers (artt. 8-10) and of vulnerable persons and minors (art. 11).
These Guidelines reflect the current state of international law relating to the detention of asylum-seekers and are intended to guide governments and decision-makers, including judges.