This document is an excerpt from the EUR-Lex website
Document 62011CN0522
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
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
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
OJ C 370, 17.12.2011, p. 17–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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
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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? |
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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? |