Court of Justice (Fifth Chamber) 10 March 2022, C-519/20 (Proceedings brought by K.)

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The Court of Justice (Fifth Chamber) held that Article 16(1) of Directive 2008/115/EC must be interpreted as permitting a specific division of a prison facility to qualify as a 'specialised detention facility' only where conditions of detention avoid, as much as possible, resemblance to a punitive prison environment and respect the rights guaranteed by the Charter of Fundamental Rights and Articles 16(2)–(5) and 17 of the Directive. A national court ordering or extending detention of a third-country national in a prison facility must be able to verify compliance with the conditions of Article 18 of the Directive, read in conjunction with Article 47 of the Charter, under which derogation from the specialised facility requirement is permissible. Where the conditions of Article 18(1) or the second sentence of Article 16(1) are not or are no longer satisfied, a national court must, pursuant to the principle of primacy of EU law, disapply national legislation temporarily permitting detention of illegally staying third-country nationals in prison accommodation separated from ordinary prisoners.AI