Language of document :

Request for a preliminary ruling from the Tribunal administratif de Pau (France) lodged on 6 May 2013 - Khaled Boudjlida v Préfet des Pyrénées-Atlantiques

(Case C-249/13)

Language of the case: French

Referring court

Tribunal administratif de Pau

Parties to the main proceedings

Applicant: Khaled Boudjlida

Defendant: Préfet des Pyrénées-Atlantiques

Questions referred

What is the extent of the right to be heard laid down by Article 41 of the Charter of Fundamental Rights of the European Union for an illegally staying third-country national in respect of whom a decision falls to be taken as to whether or not he is to be returned? In particular, does that right include the right to be put in a position to analyse the information relied on against him as regards his right of residence, to express his point of view, in writing or orally, with a sufficient period of reflection, and to enjoy the assistance of counsel of his own choosing?

If necessary, must the extent of that right be adjusted or limited in view of the general interest objective of the return policy set out in Directive 2008/115? 

If so, what adjustments or limitations must be made, and on the basis of what criteria should they be established?


1 - Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98).