JZ (Peine d'emprisonnement en cas d'interdiction d‘entree) (Judgment) French Text [2020] EUECJ C-806/18 (17 September 2020)

JZ (Peine d'emprisonnement en cas d'interdiction d‘entree) (Judgment) French Text [2020] EUECJ C-806/18 (17 September 2020)

Directive 2008/115/EC, particularly Article 11, does not preclude national legislation allowing imprisonment of a third-country national in irregular stay after completion of the return procedure, even if the person has not left the territory, provided the offence is defined as irregular stay in knowledge of an entry ban (e.g., due to criminal antecedents or public order risk), not as violation of the entry ban itself, and the law is sufficiently accessible, precise, and foreseeable to avoid arbitrariness.

Citation
[2020] EUECJ C-806/18
Parties
Defendant: JZ; Respondent: Government of the Netherlands; Intervener: Government of the Czech Republic; Intervener: Government of Germany; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
17 September 2020
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (cjeu)
Outcome
Directive 2008/115/EC does not preclude national law imposing imprisonment for irregular stay in knowledge of an entry ban, provided the offence is not defined by violation of the entry ban and the law is clear and predictable.
Legal Topics
Directive 2008/115/ec, Return of Third Country Nationals, Entry Ban, Imprisonment for Irregular Stay, Interpretation of EU Law, Compatibility of National Law With EU Law
European Union Law Immigration Law Criminal Law Directive 2008/115/ec Return of Third Country Nationals Entry Ban Imprisonment for Irregular Stay Interpretation of EU Law +1 more

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Parties

JZ

Defendant

Government of the Netherlands

Respondent

Government of the Czech Republic

Intervener

Government of Germany

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (cjeu)

Legal Issues

  1. 1 Whether Directive 2008/115/EC, particularly Article 11, precludes national legislation imposing imprisonment for irregular stay of a third-country national who has not left the territory despite an entry ban.
  2. 2 Whether the criminalisation of irregular stay in knowledge of an entry ban is compatible with EU law if the person has never left the territory.

Ratio Decidendi

Directive 2008/115/EC, particularly Article 11, does not preclude national legislation allowing imprisonment of a third-country national in irregular stay after completion of the return procedure, even if the person has not left the territory, provided the offence is defined as irregular stay in knowledge of an entry ban (e.g., due to criminal antecedents or public order risk), not as violation of the entry ban itself, and the law is sufficiently accessible, precise, and foreseeable to avoid arbitrariness.

Court Disposition

Directive 2008/115/EC does not preclude national law imposing imprisonment for irregular stay in knowledge of an entry ban, provided the offence is not defined by violation of the entry ban and the law is clear and predictable.

Orders

  • The referring court must verify the clarity and foreseeability of the national law.
  • Costs to be determined by the referring court.