Type: Judgment

Authority: National Courts Tribunal Constitucional (Spain)

Date: 10/23/2023

Subject: The decision of the Constitutional Tribunal annulled the resolution which decided the expulsion of the applicant and the following decisions rejecting the application, in virtue of the wrong application of the norms of Directive 2008/115/EC (“Returns Directive”), also in contrast with the jurisprudence of the Court of Justice

Parties: Jeifry Manuel de la Cruz

Original language: Spanish

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

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