Asunto C-199/16: Petición de decisión prejudicial planteada por el Conseil d’État (Bélgica) el 11 de abril de 2016 — État belge/Max-Manuel Nianga
Section | información judicial |
13.6.2016 ES Diario Oficial de la Unión Europea C 211/36
Lengua de procedimiento: francés
Conseil d’État
Recurrente: État belge
Recurrida: Max-Manuel Nianga
¿Debe interpretarse el artículo 5 de la Directiva 2008/115/CE del Parlamento Europeo y del Consejo, de 16 de diciembre de 2008, relativa a normas y procedimientos comunes en los Estados miembros para el retorno de los nacionales de terceros países en situación irregular, (1) en relación con el artículo 47 de la Carta de los Derechos Fundamentales de la Unión Europea y teniendo en cuenta el derecho a ser oído en cualquier procedimiento, que forma parte integral del respeto del derecho de defensa, principio general del Derecho de la Unión, tal como se aplica en el contexto de dicha Directiva 2008/115/CE, en el sentido de que obliga a la autoridad nacional a tener en cuenta el interés superior del niño, la vida familiar y el estado de salud del nacional de un tercer país de que se trate, en el momento de dictar la decisión de...
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