Migrants arriving in Europe illegally pose a problem. While the influx of migrants on Italy's Lampedusa island was on the agenda, this time France reacted with its decision to send them back. The Court of Justice of the European Union (CJEU) ruled that EU countries cannot forcibly remove third-country nationals illegally present in their territory without a "return decision".
The European Union (EU) made a statement on the reactions to France's decision to send migrants back. Stating that repatriation can only be used as a last resort, the EU stated that migrants cannot be removed from the country.
According to a written statement from the Court of Justice of the EU, organizations such as the Association of Lawyers Defending the Rights of Foreigners in France (ADDE) challenged before the Council of State an amendment to the law known as "Ceseda" on the entry, stay and asylum rights of foreign nationals.
The organizations argued that the temporary measures allowing the French authorities to prevent the entry of third-country nationals from other EU member states violated the EU's Return Directive. The French Council of State also appealed to the Court of Justice, the EU's highest court. In its judgment, the Court of Justice also found in favor of the associations. The Court ruled that in such a case, the EU's Return Directive must still be complied with in order to deport the person concerned.
"Under the EU 'Refoulement' Directive, third-country nationals staying illegally cannot be removed from the country without a 'return' decision. In principle, the person concerned must be given a certain period of time to leave the country voluntarily. Forced removal is only used as a last resort," the Court of Justice also stated.
Migrants living in tents in France
"In Italy, people have been systematically pushed back from the Italy-France border by French police, often through violence, inhuman treatment and arbitrary detention, deprived of even limited access to adequate shelter and health care,"Doctors Without Borders (MSF) said in a statement released on August 4.
Source: Anadolu Agency