Indicator history

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Decisions-Infringment procedures initiated before the European Court of Justice

Code:
S10
Key Area:
Discrimination Statistics
Strand(s):
Statistics
16/02/2012 - 19:45
Short Answer

Yes.

Qualitative Info

A number of the measures introduced as part of the so-called “security package” adopted in May 2008 by members of the coalition led by Berlusconi, have been quashed in a series of recent ecisions by European Court of Justice in Luxembourg. Two key issues that the rulings highlighted include the discrimination that introducing longer sentences for the same criminal offences in cases involving “illegal” immigrants entails, that the imprisonment under criminal law of immigrants who have been caught while their status is illegal and have not complied with an order to leave the country contravenes the so-called Returns Directive. On 28 April 2011, in one of a series of cases referred to the ECJ in Luxembourg, the first chamber of the court found that national rules imposing imprisonment on third-country nationals residing illegally in a member state who fail to comply with an order to leave the country “is liable to jeopardise the attainment of the objective of introducing an effective policy for removal and repatriation in keeping with fundamental rights”.


Source:

http://www.statewatch.org/analyses/no-137-italy-security-package.pdf

Numbers of cases
Exemplary cases
Groups affected/interested Migrants, Ethnic minorities
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
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Situation(s)
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