Court of Justice 2 June 2022, C-66/21 (O.T. E. v Staatssecretaris van Justitie en Veiligheid.)

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In this Opinion delivered in Case C‑66/21, Advocate General Richard de la Tour advises that the concept of 'expulsion order' in Article 6(2) of Directive 2004/81/EC must be interpreted as an autonomous concept of EU law encompassing any measure requiring a third-country national victim of trafficking in human beings to leave the territory of the Member State where they are present, including a transfer decision adopted under Regulation (EU) No 604/2013 (the 'Dublin III Regulation'), and that enforcement of such a transfer decision is therefore prohibited during the reflection period under Article 6(1) of that Directive. The Advocate General further opines that, while adoption of a transfer decision or preparatory measures for enforcement are not categorically precluded during the reflection period, they must not jeopardise the effectiveness of that period, and that the reflection period may commence once the competent authorities have reasonable grounds to believe the third-country national falls within the scope of Directive 2004/81 and have fulfilled their duty to inform under Article 5. Finally, the Opinion holds that, absent expiry of the reflection period, a Member State may only terminate it in the situations expressly enumerated in Article 6(4) of Directive 2004/81, namely active voluntary renewal of contact with perpetrators or reasons of public policy and national security.AI