CELEX: 62011CN0522
Language: en
Date: 2011-10-13 00:00:00
Title: Case C-522/11: Reference for a preliminary ruling from the Giudice di Pace di Lecce (Italy) lodged on 13 October 2011 — Criminal proceedings against Abdoul Khadre Mbaye

17.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 370/17
            
         Reference for a preliminary ruling from the Giudice di Pace di Lecce (Italy) lodged on 13 October 2011 — Criminal proceedings against Abdoul Khadre Mbaye
   (Case C-522/11)
   2011/C 370/29
   Language of the case: Italian
   
      Referring court
   
   Giudice di Pace di Lecce
   
      Party to the main proceedings
   
   Abdoul Khadre Mbaye
   
      Questions referred
   
   
               1.
            
            
               Does Article 2(2)(b) of Directive 2008/115/EC (1) preclude the possible application of that directive even when the national legislation (Article 10a of Legislative Decree 286/98) penalises an illegal entry or stay by expulsion as an alternative to criminal law sanctions?
            
         
               2.
            
            
               Does the Community directive on the return of third-country nationals preclude criminal sanctions where a foreign national is merely unlawfully present on national territory, regardless of whether the administrative return procedure provided for by the national legislation and by the directive itself has been completed?
            
         
      (1)  OJ 2008 L 348, p. 98.