Analysis: “Entry bans against third country nationals under the EU Return Directive: the Court of Justice’s decision in Westerwaldekreis” by Stefan Salomon
On Thursday, 3 June 2021, the Court of Justice issued its decision in Westerwaldekreis (C-546/19), a preliminary reference by the German Federal Administrative Court. The case concerns the scope of Member States’ powers when taking a decision on an entry ban under Directive 2008/115 on common standards and procedures in member States for returning illegally staying third country nationals (‘Return Directive’) and the relationship between a return decision and an entry ban. The practical ramifications of this decision go beyond these narrow questions and improve the legal position of irregularly staying third country nationals, who cannot be deported. A brief note on EU Law Live summarising the case is available here.
The facts of