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M. A. v. Belgium, Case C-112/20, CJEU, 11 March 2021

Date
11/03/2021
Type Judgment
Case number C-112/20

Abstract

Best interests of the minor in the decision to return a father citizen of the European Union. 
 

Normative references

Directive 2008/115 / EC of the European Parliament and of the Council of 16 December 2008 laying down common rules and procedures applicable in the Member States to the return of illegally staying third-country nationals.

Ruling

Art. 5 of Directive 2008/115 / EC, laying down rules and procedures applicable in the Member States to the repatriation of illegally staying third-country nationals, in conjunction with art. 24 of the Charter of Fundamental Rights, must be interpreted as meaning that Member States must take the best interests of the child into account before adopting a return decision, accompanied by an entry ban, even if the addressee of such a decision does not is a minor, but the father (or mother) of the latter.