Title: And now it’s the turn of art.13 par. 13: also the criminal sanction for violation of the prohibition for the foreigner to return is incompatible with the Directive

Date: 06/10/2011

Subject: After the decision of the Court of Justice of 28 April 2011, which has stated the incompatibility of the crime provided by art. 14 par. 5 of law 286/1998, with the “Returns Directive”, it’s now the turn of the crime provided by art.13 par. 13: the norm, which punishes with the same sanction (from one to four years’ imprisonment) the offence - similar to the one provided by art. 14 par. 5 ter and, most of all, equal as far as seriousness is concerned – committed by the foreigner who returns into the territory of the State after having complied with the order of removal, surely cannot survive after the disappearance of the twin offence.

Original language: Italian

Classification: Freedoms - Art. 6 Personal liberty

Text