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European Observer on fundamental right's respect

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Case Law C-261/08; 348/08 (22/10/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 10/22/2009

Subject: The Court affirmed that a Member State is not obliged to adopt a decision to expel a third-country national that does not fulfil the conditions of duration of stay applicable in this Member State. The Member State can impose a fine with a warning that he/she should leave the territory within a specific delay; if he/she fail to comply, he/she may be risks being expelled with immediate effect.

Parties: Zurita Garcia

Classification: General theme

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