18.8.2012   

EN

Official Journal of the European Union

C 250/10


Reference for a preliminary ruling from the Amtsgerichts Laufen (Germany) lodged on 18 June 2012 — Strafverfahren v Gjoko Filev and Adnan Osmani

(Case C-297/12)

2012/C 250/19

Language of the case: German

Referring court

Amtsgerichts Laufen

Parties to the main proceedings

Gjoko Filev, Adnan Osmani

Other party: Staatsanwaltschaft Traunstein

Questions referred

1.

Is Article 11(2) of Directive 2008/115 (1) 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?


(1)  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.