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Area of ​​freedom, security and justice - returning illegally staying third-country nationals - sentencing due to unauthorized entry into national territory, or stay in

Publication at Faculty of Law |
2014

Abstract

The article analyzes the judgment in Case C-329/11, which are covered by Directive 2008/115 on common standards and procedures in Member States for returning illegally staying third-country nationals. Question: Directive 2008/115 precludes national legislation under which a national of a third country imposes a sentence of imprisonment simply because that illegally entered the territory of the state or illegally staying there?