Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/30/2020

Subject: The Court affirmed that Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals, read in the light of Article 19(2) and Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a national court, hearing a dispute on social assistance, the outcome of which is linked to the possible suspension of the effects of a return decision taken in respect of a third-country national suffering from a serious illness, must hold that an action for annulment and suspension of that decision leads to automatic suspension of that decision, even though suspension of that decision does not result from the application of national legislation, where that action contains arguments seeking to establish that the enforcement of that decision would expose that third-country national to a serious risk of grave and irreversible deterioration in his or her state of health, which does not appear to be manifestly unfounded, and that legislation does not provide for any other remedy, governed by precise, clear and foreseeable rules, which automatically entail the suspension of such a decision

Parties: CPAS de Liège

Classification: Freedoms - Art. 19 Removal - Justice - Art. 47 Right to an effective remedy before a tribunal

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