En esta sentencia, el TJUE aborda la cuestión de la compatibilidad con el Derecho de la Unión, y en particular con la Directiva 2008/115/CE, de una normativa nacional que prevé una pena de prisión para los nacionales de terceros países en situación irregu
Keywords:
Immigration, area of freedom, security and justice, return of illegally staying third-country nationals, European Union Law and national Criminal Law, prison sentenceAbstract
In this judgment, the CJEU examines the compatibility with EU Law, in particular with Directive 2008/115/CE, of a national legislation providing for a prison sentence for illegally staying third-country nationals in the event of refusal to obey an order to leave the territory of a Member State. The Court upholds that it is actually incompatible, because such a penalty risks jeopardising the establishment of an effective policy of removal and repatriation of illegally staying third-country nationals, which is the objective pursued by that directive. The reasoning of the Court does not convince completely, mainly because the same Directive, in its Article 2 (2) (b) states that in case of a criminal law sanction, provided by national law, Member States may decide not to apply the Directive.Downloads
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Pasquali, L. (2015). En esta sentencia, el TJUE aborda la cuestión de la compatibilidad con el Derecho de la Unión, y en particular con la Directiva 2008/115/CE, de una normativa nacional que prevé una pena de prisión para los nacionales de terceros países en situación irregu. Revista De Derecho Comunitario Europeo, (39), 541–558. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/39469
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CASE LAW COURT OF JUSTICE OF THE EU
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