CELEX: 62011CN0120
Language: en
Date: 2011-03-07 00:00:00
Title: Case C-120/11: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 7 March 2011 — Criminal proceedings against Yeboah Kwadwo

14.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 145/17
            
         Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 7 March 2011 — Criminal proceedings against Yeboah Kwadwo
   (Case C-120/11)
   2011/C 145/23
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Santa Maria Capua Vetere
   
      Party to the main proceedings
   
   Yeboah Kwadwo
   
      Question referred
   
   In the light of the principles of sincere cooperation, the effectiveness of directives and the proportionality and effectiveness of coercive measures for the return of illegally staying foreign nationals, do Articles 2, 15 and 16 of Directive 2008/115/EC (1) preclude an illegally staying foreign national who has simply failed to comply with the deportation order and the removal order issued by the administrative authorities from incurring criminal liability and being sentenced to a term of imprisonment of up to four years if he fails to comply with the first removal order and up to five years if he fails to comply with subsequent orders issued by the Questore?
   
      (1)  OJ 2008 L 348, p. 98.