Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/06/2022

Subject: According to the Court, Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals, does not permit a Member State to order the detention of an illegally staying third-country national solely on the basis of a general criterion based on the risk that the effective enforcement of the removal would be compromised, without satisfying one of the specific grounds for detention provided for and clearly defined by the legislation implementing that provision in national law

Parties: Politsei- ja Piirivalveamet (Placement en rétention - Risque de commettre une infraction pénale)

Classification: Freedoms - Art. 6 Personal liberty - Art. 19 Removal

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