CJEU: Case C-199/16 Etat belge v Max-Manuel Nianga

Tuesday, March 8, 2016

On 8 March 2016 the Belgian Council of State lodged a request for a preliminary ruling to the CJEU, regarding the best interest of a child, family life and the state of health of a third-country national in relation to a return decision or a removal decision. The question referred to the Court is the following:

Is 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, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union and having regard to the right to be heard in any proceedings, which forms an integral part of respect for the rights of the defence, a general principle of EU law, as applied in the context of that directive,  to be interpreted as requiring national authorities to take account of the best interests of the child, family life and the state of health of the third-country national concerned when issuing a return decision, referred to in Article 3(4) and Article 6(1) of the directive, or a removal decision, as provided for in Article 3(5) and Article 8 of the directive?

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Best interest of the child
Family member
Family unity (right to)
Health (right to)