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EU Court of Justice: The Return Directive

08 June 2016

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See the full text: The Return Directive prevents a national of a non-EU country who has not yet been subject to the return procedure being imprisoned solely because he or she has entered the territory of a Member State illegally across an internal border of the Schengen area (press release, pdf): "That is also the case where that national, who is merely in transit on the territory of the Member State concerned, is intercepted when leaving the Schengen area and is the subject of a procedure for readmission into the Member State from which he or she has come"

See: Judgment: Full-text (pdf)

And: Imprisoning woman trying to illegally enter UK was wrong, EU rules (Guardian, link): "European court of justice says France acted wrongly after Ghanian woman was found with false passport at Channel tunnel... France was wrong to imprison a Ghanian woman who was arrested at the Channel tunnel during an attempt to enter Britain illegally using a false passport, the EU’s most senior court has ruled. The European court of justice said on Tuesday that the EU directive on returning irregular migrants prevents any member state imposing a prison sentence on a non-EU migrant who is in the country illegally, and whom they have not attempted to return."

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