El Dridi v. Italy

C-61/11 (Apr. 28, 2011)

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El Dridi v. Italy

European Union Court of Justice
C-61/11 (Apr. 28, 2011)

KS

Facts

Directive 2008/115 (the directive) of the European Union (EU) provided community-wide standards and procedures for the management of third-country nationals who illegally remain within the territory of a member state. The directive limited the circumstances in which a member state could detain a third-country national to those narrow circumstances needed to prepare for the return or to carry out the removal. Hassen El Dridi (plaintiff) entered Italy illegally and stayed in the country without authorization. In May 2004, the Prefect of Turin, a representative of the Italian national government located in Turin, ordered El Dridi deported. El Dridi did not leave Italy as ordered. After it was discovered that he had remained in Italy, El Dridi faced an expedited procedure that resulted in him being sentenced to one year in prison for noncompliance with a removal order, as allowed under Italian law. El Dridi appealed his incarceration. The appeal court stayed El Dridi’s imprisonment, and it referred to the European Union Court of Justice the question of whether the incarceration of El Dridi pursuant to Italian law was precluded by Articles 15 and 16 of the directive.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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