In a judgment handed down on Thursday, 30 June, the Court of Justice of the EU ruled that a Member State of the European Union that has declared a state of emergency due to a mass influx of migrants can neither refuse a migrant the right to lodge an application for asylum nor detain him or her solely on the grounds that he or she is staying in the country unlawfully (Case C-72/22 PPU).
In November 2021, M.A.—a third-country national who was staying in the EU unlawfully—was arrested...