Analysis: “The Respect of EU Asylum Law in Times of Emergencies: The M.A. Case Before the Court of Justice” by Silvia Bartolini

On 30 June, the Court of Justice handed down its judgment in the M.A. case (C-72/22 PPU), where it was once again faced with the question: to what extent can Member States derogate from EU asylum law justified by an emergency.

Last February, Lithuania declared a state of emergency in response to the humanitarian and refugee crisis triggered by a mass influx of migrants, arriving mainly from Belarus. Accordingly, it enacted Article 14012 of the foreigners law, which requires that, in the case of a mass influx of asylum seekers, third country nationals: (i) can only submit applications for international protection when they fulfil the conditions of entry, and (ii) are placed in det