D. H. (

(Request for a preliminary ruling from the Nejvyšší správní soud (Supreme Administrative Court, Czech Republic))

(Reference for a preliminary ruling — Area of freedom, security and justice — Charter of Fundamental Rights of the European Union — Articles 6 and 47 — Common policy on asylum and subsidiary protection — Directive 2013/33/EU — Article 9 — Guarantees for applicants for international protection who are subject to administrative detention — Judicial review of such decisions — Right to an effective remedy — National rules discontinuing process of judicial review upon release of applicants for international protection)

The question raised by the referring court requires, inter alia, this Court to examine the fundamental right to an effective remedy together with the general principles of EU law of equivalence and effectiveness in the context of national procedural autonomy.

The European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the ECHR’)

Article 5(1) of the ECHR ( 4 ) provides that ‘everyone has the right to liberty and security of person’. Article 5(4) states that ‘everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful’. Pursuant to Article 5(5), ‘everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation’.