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Document 62011CN0094

Case C-94/11: Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 28 February 2011 — Criminal proceedings against Survival Godwin

OJ C 139, 7.5.2011, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

7.5.2011   

EN

Official Journal of the European Union

C 139/14


Reference for a preliminary ruling from the Tribunale di Bergamo (Italy) lodged on 28 February 2011 — Criminal proceedings against Survival Godwin

(Case C-94/11)

2011/C 139/26

Language of the case: Italian

Referring court

Tribunale di Bergamo

Party/parties to the main proceedings

Survival Godwin

Question(s) 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 the possibility that the conduct of a third-country national illegally staying in a Member State may be categorised as punishable under criminal law — simply on account of his lack of cooperation in the deportation procedure, in particular his mere failure to comply with a removal order issued by the administrative authorities — by a sentence of imprisonment of up to four years for failure to comply with the initial order issued by the Questore and a term of imprisonment of up to five years for failure to comply with subsequent orders?


(1)  OJ 2008 L 348, p. 98.


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