Reference for a preliminary ruling from the Tribunale di Ivrea (Italy) lodged on 4 February 2011 — Criminal proceedings against Lucky Emegor

(Case C-50/11)

2011/C 113/14

Language of the case: Italian

Referring court

Tribunale di Ivrea

Party to the main proceedings

Lucky Emegor

Question 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 a third-country national staying unlawfully in national territory from being sentenced to a term of imprisonment of up to four years in the event of failure to comply with the initial order issued by the Questore for removal from national territory within five days of notification, and a term of between one and five years’ imprisonment for failure to comply with subsequent orders, with the police authorities under an obligation to arrest those engaged in the commission of this offence, solely on account of his failure to cooperate in the deportation procedure and in particular failure to comply with the removal order issued by the administrative authorities?

(1)  OJ 2008 L 348, p. 98.