The Problem with Criminalising Irregular Migration and the Effectiveness of the Return Policy in Light of the CJEU’s Ruling in Case C 38/14
The Problem with Criminalising Irregular Migration and the Effectiveness of the Return Policy in Light of the CJEU’s Ruling in Case C 38/14

Summary/Abstract: The aim of this paper is to analyse the Court of Justice judgement in the case Subdelegación del Gobierno en Gipuzkoa - Extranjería v Samir Zaizoune (23.05.2015) where the CJEU has recognised the incompatibility of the provisions of Spanish law that allowed a fine to be imposed on a third-country national illegally residing in Spain without issuing a return decision with the provisions of Directive 2008/115/EC. The analysed ruling touches upon a very sensitive issue of criminalising irregular migration. The article analyses the problem at a national level and at the level of implementing European Union law in light of the case law of the Court of Justice.

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