New reference to CJEU: Case C-249/13 Khaled Boudjilda v Préfet des Pyrénées Atlantiques

Date: 
Friday, October 4, 2013

A reference for a preliminary ruling concerning Article 41 of the Charter of Fundamental Rights and the Returns Directive was published by the CJEU this week. It was lodged on 6 May by the Tribunal administratif de Pau (France) and the questions read as follows:

1. What is the extent of the right to be heard laid down by Article 41 of the Charter of Fundamental Rights of the European Union for an illegally staying third-country national in respect of whom a decision falls to be taken as to whether or not he is to be returned? In particular, does that right include the right to be put in a position to analyse the information relied on against him as regards his right of residence, to express his point of view, in writing or orally, with a sufficient period of reflection, and to enjoy the assistance of counsel of his own choosing?

2. If necessary, must the extent of that right be adjusted or limited in view of the general interest objective of the return policy set out in Directive 2008/115?

3. If so, what adjustments or limitations must be made, and on the basis of what criteria should they be established?


This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. 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 published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

                                                     

 

Keywords: 
Return
Procedural guarantees
Tags: 
CJEU
Charter of Fundamental Rights