"The judicial cacophony and disharmony in the French reception of the Return Directive" en collaboration avec Serge Slama
Résumé
France was one of the Member States that didn't have complied with the obligation of transposition of Directive on common standards and procedures in Member States for returning illegally staying third-country nationals 2008/115/EC (hereafter the Return Directive) before the 24th of December 2010 fixed by Article 20 of such a text. That is why lawyers were invited to invoke before French courts the provisions of the Return Directive as long as this European norm was not fully integrated into the French legal order. Therefore, since the 24th December 2010 till 16 June 2011 and beyond, the problematic of the Return Directive dispositions' justiciability aroused, the French administrative and judicial judges dealt with quite diversely: a real cacophony appeared. Furthermore, the interpretation of the Return Directive provisions the ECJ gave in the El Dridi case and in the Achughbabian case revealed to be understood quite differently by the French judges: a genuine disharmony developed.