Bullettin n. 1/2011
June 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Gabrielli Chiara
    La libertà personale dell’immigrato irregolare nella direttiva-rimpatri e la disapplicazione di norme italiane contrastanti: la sentenza El Dridi
    in Studi sull'integrazione europea , Anno VI, n. 2, maggio-agosto ,  2011 ,  367-382
    In El Dridi the Court of Justice of the European Union considers that Directive 2008/115 on the return precludes national rules imposing a prison term on an illegally staying third-country national (illegal immigrants) who does not comply with an order an effective removal and repatriation policy, based on common standards for persons to be returned in a humane manner and with full respect for their fundamental rights. A penalty such as that provided for by the Italian legislation is liable to jeopardise the attainment of the objective of introducing an effective policy for removal and repatriation in keeping with fundamental rights. National legislation providing for a prison sentence (between one and four years) in the event of refusal to obey an order to leave the territory of a Member State is contrary to the result of the Directive. It will be for the national Court, which is called upon to apply and give full effect to provisions of European Union law, to refuse to apply any incompatible provision with the directive’ standards. The principle of the retroactive application of the more lenient penalty, which forms part of the constitutional traditions common to the Member States, shall be also taken in due account.
    ©2001 - 2020 - Centro Studi sul Federalismo - P. IVA 94067130016