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21 August 2018
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Spain: European
Commission: Schengen evaluation on returns
21.8.18
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The European Commission has published: Proposal for a Council Implementing Decision on setting out a recommendation on addressing the deficiencies identified in the 2017 evaluation of Spain on the application of the Schengen acquis in the field of return (LIMITE, COM 2018/300, pdf): This calls for, amongst other things, that:
"That the Kingdom of Spain should
1. introduce in national law a definition of "return" in accordance with Article 3(3) of Directive 2008/115/EC;
2. ensure that return decisions issued to third country nationals mention a clear obligation to leave the territory of the Member States and depart to a third country, in accordance with Article 3(3) and 3(4) of Directive 2008/115/EC;
3. ensure that return decisions issued to third country nationals adequately and clearly inform them about the full geographical scope of validity of the entry ban and their obligations in that respect, in accordance with 3(6) of the Directive;
4. amend national legislation to ensure compliance with Article 6(1) of Directive 2008/115/EC by removing the possibility that in case of illegal stay third country nationals are imposed a fine as an alternative to the conduct of return procedures..." (...)
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