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

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?

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