CJEU: Request for preliminary ruling on the conformity of Spanish domestic law with Directive 2008/115

The Juzgado de lo Contencioso-Administrativo No 17 of Barcelona recently requested a preliminary ruling in the case of C-746/19 concerning the return of third country nationals to their country of origin.

The questions referred to the Court include concern whether Spain correctly transposed Directive 2008/115 into domestic law by permitting the use of fines as the penalty for irregularly residing in the country, with the penalty of expulsion used only in cases with aggravated circumstances.

The CJEU is therefore invited to clarify whether domestic legislation is in conformity with Union law in this matter.

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