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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

This Directive sets common standards and procedures for returning illegally staying third-country nationals in accordance with fundamental rights (Article…

What 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 requires

This Directive sets common standards and procedures for returning illegally staying third-country nationals in accordance with fundamental rights (Article 1). When implementing it, Member States must respect non-refoulement, the best interests of the child, family life and health (Article 5). A return decision must be issued to illegally staying persons (Article 6), generally providing an appropriate period for voluntary departure (Article 7), with removal enforced where necessary (Article 8), postponement in defined cases (Article 9), and specific safeguards for unaccompanied minors (Article 10).

Pillar: Immigration & Border Control · Authority: European Parliament and Council of the European Union · Version: 1.0.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32008L0115

SHA-256 integrity: d29cd451c70183d931d781427b79b2388d0c45dec8ae6f2c3f4773e3d568e2c5

Primary Citations — 5 traced to source

  • Directive 2008/115/EC, Article 5 - Non-refoulement, best interests of the child, family life and state of health
  • Directive 2008/115/EC, Article 6 - Return decision

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