Preliminary ruling. The case (before the referring court) concerened M.A., a third country national, who had entered Lithuania irregularly and had been detained. His asylum applications were also not examined. The referring court pointed out, that the combined application of the provisions of the Law on Aliens means that, since M.A. entered Lithuanian territory illegally and has been placed in detention, it is impossible for M.A. to make an application for international protection or, consequently, to be classified as an asylum seeker. CJEU answered that “Article 6 and Article 7(1) of Directive 2013/32 are to be interpreted as precluding legislation of a Member State under which, in the event of a declaration of martial law or of a state of emergency or in the event of a declaration of an emergency due to a mass influx of aliens, illegally staying third-country nationals are effectively deprived of the opportunity of access, in the territory of that Member State, to the procedure in which applications for international protection are examined” (paragraph 75).
Relevant Law Article 4 Directive 2011/95/EU; Articles 6 and 7 Directive 2013/32/EU;Article 18 EU Charter of Fundamental Rights;Article 8 Directive 2013/33/EU
Found for applicant