‘Returns’ Directive Applies to All Irregular Third-Country Nationals, ECJ Rules
The Court of Justice decision came on September 21, on Case C-143/22, AtoZSerwisPlus.comreports.
In France, several associations, taking into account the Association Avocats pour la défense des droits des étrangers (ADDE), are contesting the legality of an order amending the Code related to the entry and residence of foreign nationals as well as the right of asylum (Ceseda), before the French Council of State.
They argue that by permitting the French authorities to ban the entry of third-country nationals at the borders with other EU countries, to which controls have been temporarily reintroduced, under the Schengen Borders Code, due to serious threat to public policy or internal security in France, the Ceseda, infringes the ‘Returns’ Directive.
Following the directive, any unlawful staying third-country national should be subject to a return decision. Still, the person concerned should, at first, be given a certain amount of time to leave the country on a voluntary basis, while forced removal is only used as a last resort.
As a result, the Council of State asked the Court of Justice whether, when a Member State decides to reintroduce internal frontier checks temporarily, it may adopt a decision to refuse entry solely based on the Schengen Borders Code without being obliged to comply with common standards as well as procedures part of the Returns’ Directive, regarding a third-country national intercepted without a valid residence permit at an authorized border crossing point on its territory in which such controls are effective.
The Court also stressed that the Returns Directive applies as soon as a third-country national reaches the territory without fulfilling the entry, stay, or residence conditions.
Furthermore, the Court emphasized that the ‘Returns’ Directive permits EU Member States to exclude third-country nationals staying illegally on their territory from the scope of the directive only in exceptional cases.
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