CJEU: Case C-181/16 Sadikou Gnandi v Etat belge

Thursday, March 31, 2016

On 31 March 2016 the Belgian Council of State lodged a request for a preliminary ruling to the CJEU, relating to the preclusion of a return decision under the Return Directive before the legal remedies against a rejection decision have been exhausted. The question referred is:

  • Must Article 5 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, which requires Member States to respect the principle of non-refoulement when they are implementing that directive, and the right to an effective remedy provided for under Article 13(1) of that directive and under Article 47 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding the adoption of a return decision, as provided for under Article 6 of the aforementioned Directive 2008/115/EC and under Article 52/3(1) of the Law of 15 December 1980 on entry to the national territory, settlement, residence and removal of foreign nationals and Article 75(2) of the Royal Decree of 8 October 1981 on entry to the national territory, residence, settlement and removal of foreign nationals, after the rejection of the asylum application by the Commissioner General for Refugees and Stateless Persons and therefore before the legal remedies available against that rejection decision can be exhausted and before the asylum procedure can be definitively concluded?

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Effective access to procedures
Effective remedy (right to)
Right to remain pending a decision (Suspensive effect)