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Document 62011CN0120
Case C-120/11: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 7 March 2011 — Criminal proceedings against Yeboah Kwadwo
Case C-120/11: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 7 March 2011 — Criminal proceedings against Yeboah Kwadwo
Case C-120/11: Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 7 March 2011 — Criminal proceedings against Yeboah Kwadwo
OJ C 145, 14.5.2011, p. 17–17
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
14.5.2011 |
EN |
Official Journal of the European Union |
C 145/17 |
Reference for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere (Italy) lodged on 7 March 2011 — Criminal proceedings against Yeboah Kwadwo
(Case C-120/11)
2011/C 145/23
Language of the case: Italian
Referring court
Tribunale di Santa Maria Capua Vetere
Party to the main proceedings
Yeboah Kwadwo
Question referred
In the light of the principles of sincere cooperation, the effectiveness of directives and the proportionality and effectiveness of coercive measures for the return of illegally staying foreign nationals, do Articles 2, 15 and 16 of Directive 2008/115/EC (1) preclude an illegally staying foreign national who has simply failed to comply with the deportation order and the removal order issued by the administrative authorities from incurring criminal liability and being sentenced to a term of imprisonment of up to four years if he fails to comply with the first removal order and up to five years if he fails to comply with subsequent orders issued by the Questore?