About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2012-4 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0335 and id is 1 raw text is: ZReports of Cases Case C-83/12 PPU Criminal proceedings against Minh Khoa Vo (Reference for a preliminary ruling from the Bundesgerichtshof) (Area of freedom, security and justice - Regulation (EC) No 810/2009 - Community Code on Visas - Articles 21 and 34 - National legislation - Third-country nationals brought illegally into the territory of a Member State - Visas obtained by fraud - Criminal penalties imposed on the human smuggler) Summary of the Judgment 1. Questions referred for a preliminary ruling- Urgent preliminary ruling procedure - Conditions - Person sentenced to a term of imprisonment and remanded in custody, the continuation of remand dependent on the Court's answer (Rules of Procedure of the Court of Justice, Art. 104b) 2. Border controls, asylum and immigration - Visas policy - Community Code on Visas (Visa Code) -Regulation No 810/2009 (European Parliament and Council Regulation No 810/2009, Arts 21 and 34) 1. A request by a referring court for a reference for a preliminary ruling to be dealt with under the urgent procedure provided for under Article 104b of the Rules of Procedure is well founded when the applicant in the main proceedings, who has been sentenced to a term of imprisonment of four years and three months for assisting illegal immigration for financial gain as a member of an organised gang, has been remanded in custody, without interruption, and when, depending on the Court's answer, he could no longer be the subject of criminal prosecution and his detention would therefore have no legal basis. (see paras 31, 32) 2. Articles 21 and 34 of Regulation No 810/2009 establishing a Community Code on Visas (Visa Code) are to be interpreted as meaning that they do not preclude national provisions under which assisting illegal immigration constitutes an offence subject to criminal penalties in cases in which the persons smuggled, third-country nationals, hold visas which they obtained fraudulently by deceiving the competent authorities of the Member State of issue as to the true purpose of their journey, without prior annulment of those visas. (see para. 48, operative part) ECL:EU:C:2012:202

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most