CELEX: 62011CN0050
Language: en
Date: 2011-02-04 00:00:00
Title: Case C-50/11: Reference for a preliminary ruling from the Tribunale di Ivrea (Italy) lodged on 4 February 2011 — Criminal proceedings against Lucky Emegor

9.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/7
            
         Reference for a preliminary ruling from the Tribunale di Ivrea (Italy) lodged on 4 February 2011 — Criminal proceedings against Lucky Emegor
   (Case C-50/11)
   2011/C 113/14
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Ivrea
   
      Party to the main proceedings
   
   Lucky Emegor
   
      Question referred
   
   In the light of the principles of sincere cooperation and the effectiveness of directives, do Articles 15 and 16 of Directive 2008/115/EC (1) preclude a third-country national staying unlawfully in national territory from being sentenced to a term of imprisonment of up to four years in the event of failure to comply with the initial order issued by the Questore for removal from national territory within five days of notification, and a term of between one and five years’ imprisonment for failure to comply with subsequent orders, with the police authorities under an obligation to arrest those engaged in the commission of this offence, solely on account of his failure to cooperate in the deportation procedure and in particular failure to comply with the removal order issued by the administrative authorities?
   
      (1)  OJ 2008 L 348, p. 98.