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Case C-297/12: Reference for a preliminary ruling from the Amtsgerichts Laufen (Germany) lodged on 18 June 2012 — Strafverfahren v Gjoko Filev and Adnan Osmani
ECLI:EU:UNKNOWN:62012CN0297
62012CN0297
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Official Journal of the European Union
C 250/10
(Case C-297/12)
2012/C 250/19
Language of the case: German
Referring court
Parties to the main proceedings
Gjoko Filev, Adnan Osmani
Other party: Staatsanwaltschaft Traunstein
Questions referred
1.Is Article 11(2) of Directive 2008/115 to be interpreted as prohibiting Member States from reinforcing expulsions or deportations under administrative law with criminal sanctions, if the expulsion/deportation occurred more than 5 years prior to re-entry?
2.Is Article 11(2) of Directive 2008/115 to be interpreted as prohibiting the Federal Republic of Germany from reinforcing expulsions or deportations under administrative law with criminal sanctions, if the expulsion/deportation occurred more than 5 years prior to the German transposition law of 22 November 2011 entering into force?
3.Does national legislation which provides that expulsions/deportations in principle have unlimited effect, unless the concerned person lodges an application for a time-limit, comply with EU law for the purposes of Article 11(2) of Directive 2008/115? Does such a provision comply with recital 4 in the preamble to the directive in the sense of a well managed migration policy through clear, transparent and fair rules?
4.Is the Directive 2008/115 to be interpreted as prohibiting Member States from providing that expulsions/deportations, which predated the period of non-transposition of the directive by 5 years or more, may subsequently be made the basis of a criminal law sanction again, if the expulsion/deportation was based on a conviction under criminal law?
* 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; OJ 2008 L 343, p. 98.