Court of Justice (Second Chamber) 4 September 2025, C-313/25 PPU (GB v Minister van Asiel en Migratie.)

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The Court of Justice ruled that Articles 5 and 15 of Directive 2008/115, read with the Charter of Fundamental Rights, require national courts reviewing the legality of detention for removal to examine, if necessary of their own motion (ex officio), whether the principle of non-refoulement, the best interests of the child, or family life preclude such removal. This obligation applies even when the underlying return decision has become final and the third-country national has not specifically raised these grounds. Consequently, judicial authorities must ensure there is a reasonable prospect of removal by verifying that these legal considerations do not prohibit the execution of the return.AI

European Union · · · Cited by 1,136 · 04-09-2025

JUDGMENT OF THE COURT (Second Chamber) 4 September 2025 ( *1 ) (Reference for a preliminary ruling – Urgent preliminary ruling procedure – Immigration policy – Return of third-country nationals staying illegally in a Member State – Directive 2008/115/EC – Enforcement of a return decision that has become final – Article 5 – Principle of non-refoulement – Best interests of the child – Family life –

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