Case summaries
Austria - Constitutional Court, 14 June 2012, 2011/21/0278
Country of applicant:
Ukraine
An exclusion order was issued to the Applicant and therefore a measure within the meaning of the Returns Directive. Without undertaking an oral hearing, the appeals authority confirmed the issue of the exclusion order, but reduced its duration. In accordance with Art 47 Para. 2 of the Charter of Fundamental Rights of the European Union, the appeals authority was however obliged to undertake an oral hearing.
Date of decision:
14-06-2012
Relevant International and European Legislation:
EN - Permanent Residence Directive,Article 47,Article 51,Article 3,Article 6,Article 8
CJEU - C-256/11 Murat Dereci and others v. Bundesministerium für Inneres
The refusal to grant a right of residence to a third-country national who is a family member of a Union citizen must not lead in fact to the obligation for the latter to leave the territory not only of the Member State of which he is a national but also that of the Union as a whole.
Date of decision:
15-11-2011
Relevant International and European Legislation:
EN - Permanent Residence Directive,Article 7,Article 1,Article 3,Article 8