Return Directive and effective judicial protection / La Directiva de Retorno y la tutela judicial efectiva

Abstract

After a certain time of application, the Return Directive 2008/115 contains elements that give rise to a special interest which affect the fundamental procedural rights of foreign nationals of third countries in return situation. But also, its projection affects the configuration of a new immigration policy of the European Union which is without fear of exaggeration, the real challenge for the XXI century. A policy that must respect the basic rights of foreigners and allow integration into an area of freedom, security, and justice. This paper points out lights and shadows on the path developed by the Return Directive on its transposition by European members, the application thereof and the jurisprudence of the ECJ in its interpretation precisely at the moment amendment arises.

Keywords

• Return nationals of third countries
• fundamental procedural rights