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European Observer on fundamental right's respect

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Case Law C-402/19 (30/09/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/30/2020

Subject: The Court affirmed that Directive 2008/115 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in the light of Article 7, Article 19(2) and Articles 21 and 47 of the Charter of Fundamental Rights of the European Union, precludes national legislation which does not provide, as far as possible, for the basic needs of a third-country national to be met where that national has appealed against a return decision made in respect of him or her; the adult child of that third-country national is suffering from a serious illness; the presence of that third-country national with that adult child is essential; an appeal was brought on behalf of that adult child against a return decision taken against him or her, the enforcement of which may expose that adult child to a serious risk of grave and irreversible deterioration in his or her state of health, and that third-country national does not have the means to meet his or her needs himself or herself

Parties: CPAS de Seraing

Classification: Freedoms - Art. 7 Privacy - Art. 19 Removal - Equality - Art. 21 Non discrimination - Justice - Art. 47 Right to an effective remedy before a tribunal

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