CELEX: 62012CN0297
Language: en
Date: 2012-06-18 00:00:00
Title: Case C-297/12: Reference for a preliminary ruling from the Amtsgerichts Laufen (Germany) lodged on 18 June 2012 — Strafverfahren v Gjoko Filev and Adnan Osmani

18.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 250/10
            
         Reference for a preliminary ruling from the Amtsgerichts Laufen (Germany) lodged on 18 June 2012 — Strafverfahren v Gjoko Filev and Adnan Osmani
   (Case C-297/12)
   2012/C 250/19
   Language of the case: German
   
      Referring court
   
   Amtsgerichts Laufen
   
      Parties to the main proceedings
   
   Gjoko Filev, Adnan Osmani
   
      Other party: Staatsanwaltschaft Traunstein
   
      Questions referred
   
   
               1.
            
            
               Is Article 11(2) of Directive 2008/115 (1) to be interpreted as prohibiting Member States from reinforcing expulsions or deportations under administrative law with criminal sanctions, if the expulsion/deportation occurred more than 5 years prior to re-entry?
            
         
               2.
            
            
               Is Article 11(2) of Directive 2008/115 to be interpreted as prohibiting the Federal Republic of Germany from reinforcing expulsions or deportations under administrative law with criminal sanctions, if the expulsion/deportation occurred more than 5 years prior to the German transposition law of 22 November 2011 entering into force?
            
         
               3.
            
            
               Does national legislation which provides that expulsions/deportations in principle have unlimited effect, unless the concerned person lodges an application for a time-limit, comply with EU law for the purposes of Article 11(2) of Directive 2008/115? Does such a provision comply with recital 4 in the preamble to the directive in the sense of a well managed migration policy through clear, transparent and fair rules?
            
         
               4.
            
            
               Is the Directive 2008/115 to be interpreted as prohibiting Member States from providing that expulsions/deportations, which predated the period of non-transposition of the directive by 5 years or more, may subsequently be made the basis of a criminal law sanction again, if the expulsion/deportation was based on a conviction under criminal law?
            
         
      (1)  Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals; OJ 2008 L 343, p. 98.