On 23 April 2020, Advocate General Szpunar delivered his Opinion in Case C-806/18 and concluded as follows:
Directive 2008/115/EC 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 must be interpreted as not precluding a Member State’s legislation, such as that at issue in the main proceedings, which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national when the offending conduct is defined by reference to the imposition of an entry ban which has not yet taken effect in the absence of the departure of the person concerned, provided that that legislation is sufficiently specific to allow the scope and application of the offence to be identified and interpreted, which is for the national court to verify.
Case Number C-806/18
Name of the parties Criminal proceedings against JZ
Date of the judgement 2020-04-23
Court Court of Justice of the European Union (CJEU)