The Court of Justice ruled on Tuesday 8 November, in joined cases C-704/20 and C-39/21, that the national judge was obliged to review on his own initiative the legality of a detention measure taken in respect of an illegally staying foreigner or an asylum seeker.
Algerian, Moroccan and Sierra Leonean nationals have challenged detention measures taken against them in various Dutch courts. The Dutch Council of State and the District Court of the Hague asked the Court whether EU law obliges...