This document is an excerpt from the EUR-Lex website
Document 62016CN0082
Case C-82/16: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 12 February 2016 — K. and Others v Belgische Staat
Case C-82/16: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 12 February 2016 — K. and Others v Belgische Staat
Case C-82/16: Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 12 February 2016 — K. and Others v Belgische Staat
IO C 145, 25.4.2016, p. 21–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.4.2016 |
EN |
Official Journal of the European Union |
C 145/21 |
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen (Belgium) lodged on 12 February 2016 — K. and Others v Belgische Staat
(Case C-82/16)
(2016/C 145/28)
Language of the case: Dutch
Referring court
Raad voor Vreemdelingenbetwistingen
Parties to the main proceedings
Applicants: A. K., Z. M., J. M., N. N. N., I. O. O., I. R., A. B.
Defendant: Belgische Staat
Questions referred
1. |
Should Union law, in particular Article 20 TFEU, Articles 5 and 11 of Directive 2008/115/EC (1) together with Articles 7 and 24 of the Charter, (2) be interpreted as precluding in certain circumstances a national practice whereby a residence application, lodged by a family member/third-country national in the context of family reunification with a Union citizen in the Member State where the Union citizen concerned lives and of which he is a national and who has not made use of his right of freedom of movement and establishment (‘static Union citizen’), is not considered — whether or not accompanied by a removal decision — for the sole reason that the family member concerned is a third-country national subject to a valid entry ban with a European dimension?
|
2. |
Should Union law, in particular Article 5 of Directive 2008/115/EC and Articles 7 and 24 of the Charter, be interpreted as precluding a national practice whereby a valid entry ban can be invoked in order not to consider a subsequent application for family reunification with a static Union citizen, lodged in the territory of a Member State, without taking due account of family life and the best interests of the children involved, which were mentioned in that subsequent application for family reunification? |
3. |
Should Union law, in particular Article 5 of Directive 2008/115/EC and Articles 7 and 24 of the Charter, be interpreted as precluding a national practice whereby a decision on removal is taken with regard to a third-country national who is already subject to a valid entry ban, without taking due account of family life and the best interests of the children involved, which were mentioned in a subsequent application for family reunification with a static Union citizen, i.e. after the entry ban was imposed? |
4. |
Does Article 11(3) of Directive 2008/115/EC imply that a third-country national must in principle lodge an application for the lifting or suspension of a current and final entry ban outside the European Union or are there circumstances in which he can also lodge that application in the European Union?
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(1) Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98).
(3) Directive of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).