C-225/16 Ouhrami, New Preliminary Reference from Supreme Court of the Netherlands on duration of entry bans under the Return Directive

Date: 
Friday, April 22, 2016

The Supreme Court of the Netherlands has lodged a preliminary reference to the Court of Justice concerning the interpretation to be given to Article 11(2) of the Return Directive 2008/115/EC.

An unofficial translation of the questions are as follows:

1.       Should article 11(2) of the Return Directive be interpreted as meaning that the 5 year term is being calculated:

-          From the moment that the entry-ban decision (or retroactively: the declaration of undesirability) is issued, or

-          From the moment that the person involved has effectively left the territory of –in short- the Member States of the EU, or

-          Any other moment?
 

2.       Should article 11(2) of the Return Directive, considering the application of transitional provisions, be interpreted as meaning that the decisions taken before the entering into force of this Directive, of which the legal consequences are that the person concerned has to stay out of the Netherlands for ten consecutive years and an entry-ban decision taking into account all relevant circumstances of the individual case against which a legal remedy could still be invoked, as having no more legal consequences if the duration of this obligation, at the moment of entry into force of this Directive or the moment on which it was established that the addressee of this decision was staying in the Netherlands, is exceeding the provision’s intended duration?

EDAL and ELENA would like to thank Sadhia Rafi, the ELENA national coordinator in the Netherlands, for notifying us of this decision.                                              

 

Keywords: 
Return