News
Date:
Monday, December 15, 2014
Facts of the case: Boudjlida concerns an Algerian national who was asked to leave French territory within 30 days after his application for a residence permit in France was refused by French authorities. In the context of his appeal to the Pau Administrative Court, that court asked the Court of Justice of the EU (CJEU) to clarify:
- What is the extent of the right to be heard laid down by Article 41 of [the Charter] 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?
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:
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:
(Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - legal consequences of failing to respect the rights of the defence in a decision extending detention for the purpose of removal - does not automatically lift the detention)
Facts of the case
