Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/06/2012

Subject: According to the Court, the directive on the return of illegal immigrants does not preclude a Member State from punishing an irregular stay with a fine which may, under certain conditions, be replaced by an expulsion order. By contrast, that directive does preclude a Member State from punishing an irregular stay with a home detention order if it is not guaranteed that that order will come to an end as soon as the physical transportation of the individual concerned out of that Member State is possible.

Parties: Md Sagor

Classification: Citizens’ rights - Art. 45 Freedom of residence

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