Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/08/2020

Subject: According to the Court, where national legislation makes provision, in the event of a third-country national staying illegally in the territory of a Member State, for either a fine or removal, and the latter measure may be adopted only if there are aggravating circumstances concerning that national, additional to his or her illegal stay, the competent national authority may not rely directly on the provisions of Directive 2008/115/EC in order to adopt a return decision and to enforce that decision, even in the absence of such aggravating circumstances

Parties: Subdelegación del Gobierno en Toledo (Conséquences de l’arrêt Zaizoune)

Classification: Citizens’ rights - Art. 45 Freedom of residence

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