August 03
2021
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Julia Fernández Arribas
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3rd June 2021
Employment & Immigration Justice & Litigation

Directive 2008/15 is prima facie applicable to entry and stay prohibitions enforced by a Member State on third country nationals, says Court of Justice

The Court of Justice has delivered its judgment in Westerwaldkreis (C-546/19), finding that Directive 2008/115 is applicable to an entry and stay prohibition enforced by a Member State against a third country national staying illegally on its territory and subject to an expulsion order for reasons of public safety and order, on the basis of a previous criminal conviction, when the third national country national has not been excluded by the Member State from the application of the Directive. 

The case concerns an individual born in Syria staying in Germany, who was convicted for support for terrorism. On that basis German authorities issued an expulsion order and imposed a ban on entry and stay in Germany for a period of six years

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