ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – Police . .
Reference for a preliminary ruling – Area of ??freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion and extradition – Right of … Continue reading X v Staatssecretaris Van Justitie En Veiligheid (Eloignement – Cannabis Therapeutique): ECJ 22 Nov 2022
Reference for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – … Continue reading Staatssecretaris Van Justitie En Veiligheid (Examen D’Office De La Retention) (Area of Freedom, Security and Justice – Detention of Third-Country Nationals – Opinion): ECJ 21 Jun 2022
ECJ Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – National legislation providing for a fine which may be replaced by an order for expulsion or home detention Judges: A. Tizzano, P Citations: C-430/11, [2012] EUECJ C-430/11 Links: Bailii Statutes: Directive 2008/115/EC Jurisdiction: … Continue reading MD Sagor: ECJ 6 Dec 2012
Reference for a preliminary ruling – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 15(1) – Detention – Grounds for detention – General criterion based on the risk that the effective enforcement of the removal would be compromised – Risk that the person concerned would commit a criminal offence – Consequences of … Continue reading Politsei-Ja Piirivalveamet: ECJ 6 Oct 2022
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Article 11 – Entry ban – Third-country national on whom such an entry ban has been imposed but who has never left the Member State concerned – Custodial sentence Citations: C-806/18, [2020] EUECJ C-806/18_O, ECLI:EU:C:2020:307, [2020] EUECJ C-806/18 Links: … Continue reading JZ (Peine D’Emprisonnement En Cas D’Interdiction D’entree): ECJ 23 Apr 2020
Achughbabia2ECJ2011 ECJ Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine Judges: Skoris P Citations: [2011] EUECJ C-329/11, C-329/11 Links: Bailii Statutes: Directive 2008/115/EC Citing: … Continue reading Achughbabian v Prefet du Val-de-Marne: ECJ 6 Dec 2011
ECJ Opinion – Directive 2008/115/EC – Return of illegally-staying third-country nationals – National legislation making provision for a term of imprisonment solely on the ground of illegal entry into or staying in national territory – Compatibility Judges: Mazak AG Citations: C-329/11, [2011] EUECJ C-329/11 Links: Bailii Statutes: Directive 2008/115/EC Cited by: See Also – Achughbabian … Continue reading Alexandre Achughbabian v Prefet du Val-de-Marne: ECJ 26 Oct 2011
ECJ Advocate General’s Opinion – Area of freedom, security and justice – Directive 2008/115/EC – Return of third-country nationals residing – Procedure for the adoption of a decision to return – Principle of respect for the rights of the defense – Right be heard before a decision is likely to affect the interests of a … Continue reading Boudjlida v Prefect of the Pyrenees-Atlantiques: ECJ 25 Jun 2014
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom of movement – Possible difference in treatment compared with EU citizens who have exercised their right to freedom … Continue reading Dereci and Others (European Citizenship): ECJ 15 Nov 2011
Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an entry ban – Application for residence for the purposes of family reunification with … Continue reading KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing … Continue reading Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016
Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State – Obligation on the third-country national to … Continue reading Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment): ECJ 10 May 2017
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 6(1) and Article 8(1) – National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation … Continue reading Subdelegacion Del Gobierno En Pontevedra (Amende En Cas De Sejour Irregulier): ECJ 3 Mar 2022
ECJ (Judgment Of The Court) Visas, asylum, immigration and other policies related to free movement of persons – Directive 2008/115/EC – Return of third-country nationals residing – Article 15 – Retention – Extension of detention – Obligations of the administrative authority or Judicial – Judicial review – Lack of identity documents of a national of … Continue reading Mahdi: ECJ 5 Jun 2014
Reference for a preliminary ruling – Third-country national staying illegally in a Member State – Threat to public order and national security – Directive 2008/115/EC – Article 6(2) – Return decision – Ban on entry to the territory of the Member States – Alert for the purposes of refusing admission to the Schengen Area — … Continue reading E C-240/17 – J: ECJ 16 Jan 2018
Area of Freedom, Security and Justice – Asylum Policy – Justice and Home Affairs Citations: ECLI:EU:C:2018:8, [2018] EUECJ C-240/17 – O Links: Bailii Jurisdiction: European Cited by: Opinion – E C-240/17 – J ECJ 16-Jan-2018 Reference for a preliminary ruling – Third-country national staying illegally in a Member State – Threat to public order and … Continue reading E C-240/17 – O: ECJ 16 Jan 2018
ECJ Reference for a preliminary ruling – Visa, asylum, immigration and other policies relating to the free movement of persons – Directive 2008/115 / EC – Return of illegally staying third-country nationals – Procedure for the adoption of a return order – Principle Observance of the rights of the defense – Right of an irregular … Continue reading Mukarubega v Prefect of Police, Prefect of the Seine-Saint-Denis: ECJ 5 Nov 2014
ECJ Reference for a preliminary ruling – Urgent preliminary ruling procedure – Standards for the reception of applicants for international protection – Directive 2008/115/EC – Lawful residence – Directive 2013/32/EU – Article 9 – Right to remain in a Member State – Directive 2013/33/EU – Point (e) of the first subparagraph of Article 8(3) – … Continue reading JN v Staatssecretaris Van Veiligheid En Justitie: ECJ 15 Feb 2016
ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Return decision accompanied by an entry ban of three years’ duration – Breach of an entry ban – Third-country national previously removed – Sentence of imprisonment in case of … Continue reading Skerdjan Celaj: ECJ 1 Oct 2015
Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 7(4) – Concept of ‘risk to public policy’ – Circumstances in which Member States may refrain from granting a period for voluntary departure, or may grant a period shorter … Continue reading ZH And O v Staatssecretaris voor Veiligheid en Justitie and similar: ECJ 11 Jun 2015
ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – Articles 6(1) and 8(1) – National legislation providing, in the event of illegal staying, for either a fine or removal, depending on the circumstances L. Bay … Continue reading Subdelegacion del Gobierno en Gipuzkoa – Extranjeria v Zaizoune: ECJ 23 Apr 2015
ECJ Advocate General’s Opinion – Area of freedom, security and justice – Directive 2008/115/EC – Return of third-country nationals residing – Procedure for the adoption of a decision to return – Principle of respect for the rights of the defence – Refusal administration to grant to a national of a third country illegally a residence … Continue reading Mukarubega v Prefect of Police, Prefect of the Seine-Saint-Denis: ECJ 25 Jun 2014
ECJ (Judgment Of The Court) Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals illegally – National legislation imposing a sentence of imprisonment for illegal entry found in flagrante delicto – Findings of the Court is no longer necessary to resolve the dispute – … Continue reading Prefect of the Pyrenees-Atlantiques v Da Silva: ECJ 3 Jul 2014
ECJ Visas, asylum, immigration and other policies related to free movement of persons – Immigration policy – Illegal immigration and illegal residence – Repatriation of illegal residents – Directive 2008/115/EC – Return of illegally staying third-country nationals – Removal process – Detention measure – Extension of detention – Article 15(2) and (6) – Rights of … Continue reading MG and NR v Staatssecretaris Van Veiligheid En Justitie: ECJ 10 Sep 2013
Opinion – Area of ??freedom, security and justice – Directive 2008/115 / EC – Common standards and procedures for the return of third-country nationals illegally – Retention Action to expulsion purposes – Conditions and regime Retention – Article 16, paragraph 1 – Retention in a penal institution – Obligation separation of the individual common law … Continue reading Pham (Advocate General’s Opinion): ECJ 30 Apr 2014
ECJ Opinion – Area of ??freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country illegally – Measurement of detention for the purpose of removal – Terms and Conditions of retention – Article 16, paragraph 1 – Retention in specialized detention – National legislation providing for retention in … Continue reading Bero v Regierungsprasidium Kassel: ECJ 30 Apr 2014
ECJ Area of freedom, security and justice – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 11(2) – Return decision coupled with an entry ban – Length of the entry ban restricted to five years in principle – National legislation providing for an entry ban of unlimited duration in the absence of … Continue reading Re Filev and Osmani: ECJ 19 Sep 2013
ECJ Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – Applicability to asylum seekers – Possibility of keeping a third-country national in detention after an application for asylum has been made C-534/11, [2013] EUECJ C-534/11 Bailii Directive 2008/115/EC European, Immigration Updated: 12 November … Continue reading Mehmet Arslan v Policie Cr, Krajske: ECJ 30 May 2013
Grand Chamber – Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Directives 2008/115/EC, 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Effective access – Border procedure – Procedural safeguards – Compulsory placement in transit zones – Detention … Continue reading Commission v Hungary (Accueil Des Demandeurs De Protection Internationale) (Failure of A Member State To Fulfil Obligations): ECJ 17 Dec 2020