Referral to CJEU in Case C-166/13, Sophie Mukarubega v Préfet de police, Préfet de la Seine-Saint-Denis

Friday, October 4, 2013

A reference for a preliminary ruling concerning the impact Article 41 of the Charter of Fundamental Rights on return decisions was published this week by the CJEU. It was lodged on 3 April 2013 by the Tribunal administratif de Melun (France) and the questions read as follows:

Is the right to be heard in all proceedings, which is an integral part of the fundamental principle of respect of the rights of the defence and is furthermore enshrined by Article 41 of the Charter of Fundamental Rights of the European Union, to be interpreted as requiring that, where the administration intends to issue a return decision in respect of an illegally staying alien, irrespective of whether or not that return decision is taken after a refusal of a residence permit, and in particular in a situation where there is a risk of absconding, the administration must enable the interested party to present observations?

Does the suspensive effect of the misuse of powersproceedings before the administrative court mean that it is possible to dispense with the prior right of an illegally staying alien to make his observations known with regard to the proposed removal measure to be taken against him?

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Procedural guarantees
Charter of Fundamental Rights