Reference for a preliminary ruling from the Tribunale di Treviso (Italy) lodged on 20 April 2011 — Criminal proceedings against Elena Vermisheva

(Case C-187/11)

2011/C 211/21

Language of the case: Italian

Referring court

Tribunale di Treviso

Defendant in the criminal proceedings

Elena Vermisheva.

Question referred

In the light of the principles of sincere cooperation and of the effectiveness of directives, do Articles 15 and 16 of Directive 2008/115/EC (1) preclude the possibility that a third country national illegally staying in a Member State may be sentenced to a term of imprisonment of up to four years where he fails to comply with the first order issued by the Questore and a term of imprisonment of up to five years for failure to comply with subsequent orders (with the corresponding obligation for the police authorities to arrest those engaged in the commission of this offence) simply on account of his lack of cooperation in the deportation procedure, in particular his simple failure to comply with a removal order issued by the administrative authorities?

(1)  OJ 2008 L 348, p. 98.