The cases referred to the CJEU concerned several third-country nationals who arrived by air at Brussels Airport in 2023 and applied for international protection. The Belgian authorities refused them entry to the national territory and placed them in detention centres located within Belgium as part of the border procedure provided for under EU law. After the four-week period for that procedure expired, the examination of their applications continued under a priority procedure. The applicants remained in detention in the same centres, on the basis of a risk of absconding, and their applications were subsequently rejected. A Belgian court asked the CJEU whether EU law allows detention in facilities not located at the border.

The Court ruled that EU law does not require detention under the border procedure to take place at the physical border. Member States may therefore use facilities located within their territory. It also held that applicants may remain in detention in the same facilities after the expiry of the border procedure time limit, provided that the legal grounds and conditions for detention continue to be met and that applicants are informed of any change in their legal situation.

In addition, the Court confirmed that investigative steps carried out during the border procedure remain valid in subsequent procedures, without prejudice to the possibility for applicants to submit additional elements. It reiterated that detention must not be automatic or systematic and may only be applied where it is necessary, proportionate and limited to the period required, on the basis of an individual assessment in each case.

For further information, please read the press release from the Court of Justice below, or consult the judgment for full details.