CJEU: Request for preliminary ruling on the conformity of Spanish domestic law with Directive 2008/115

Friday, January 24, 2020

The Juzgado de lo Contencioso-Administrativo No 17 of Barcelona recently requested a preliminary ruling in the case of C-746/19 concerning the return of third country nationals to their country of origin.

The questions referred to the Court include concern whether Spain correctly transposed Directive 2008/115 into domestic law by permitting the use of fines as the penalty for irregularly residing in the country, with the penalty of expulsion used only in cases with aggravated circumstances.

The CJEU is therefore invited to clarify whether domestic legislation is in conformity with Union law in this matter.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.