Asunto C-38/14: Petición de decisión prejudicial presentada por el Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco (España) el 27 de enero de 2014 — Subdelegación del Gobierno en Guipuzkoa — Extranjeria/Samir Zaizoune
Section | información judicial |
Issuing Organization | Eurofound |
Lengua de procedimiento: español
Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Recurrente: Subdelegación del Gobierno en Guipuzkoa — Extranjeria
Otra parte: Samir Zaizoune
A la luz de los principios de cooperación leal y de efecto útil de las Directivas, ¿los artículos 4.2, 4.3 y 6.1 de la Directiva 2008/115/CE (1) deben ser interpretados en el sentido de que se oponen a una normativa, como la nacional controvertida en el litigio principal y la jurisprudencia que la interpreta, que permite sancionar la situación irregular de un extranjero exclusivamente con una sanción económica que, además, resulta incompatible con la sanción de expulsión?
(1) 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
DO L 348, p. 98
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