Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/18/2014

Subject: The Court affirmed that Directive 2008/115/EC, on common standards and procedures in Member States for returning illegally staying third-country nationals, taken in conjunction with Articles 19(2) and 47 of the Charter of Fundamental Rights of the European Union, precludes national legislation which does not endow with suspensive effect an appeal against a decision ordering a third country national suffering from a serious illness to leave the territory of a Member State, where the enforcement of that decision may expose that third country national to a serious risk of grave and irreversible deterioration in his state of health, and does not make provision, in so far as possible, for the basic needs of such a third country national to be met, in order to ensure that emergency health care and essential treatment of illness are in fact made available during the period in which that Member State is required to postpone removal of the third country national following the lodging of the appeal.

Parties: Centre public d’action sociale d’Ottignies-Louvain-la-Neuve c. Moussa Abdida

Classification: Freedoms - Art. 19 Expulsion - Removal - Solidarity - Art. 35 Preventive health care - Justice - Art. 47 Justice: remedy

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