Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
Directive 2008/115/EC lays down the rules and procedures to be followed by Member States for the return of illegally staying third-country nationals in the EU. Within the framework of a common immigration and asylum system, the Directive aims to combat irregular immigration while safeguarding the human rights of returnees. It thus establishes a common set of rules for the return of third-country nationals who do not fulfil the conditions for entry, stay or residence in a Member State, while encouraging the voluntary return of irregular immigrants. With a view to return in humane conditions and with full respect for the fundamental rights and dignity of third-country nationals, the European policy of removal and repatriation is implemented in the context of immigration policy. Furthermore, the Directive ensures the uniform application of the rules in all Member States responsible for investigating the illegal entry, stay or residence in a Member State, in order to proceed with the return of illegal residents in a fair and transparent procedure and in accordance with the general principles of EU law.
However, as stated in the “September infringements package: main decisions/29-9-2022”, Greece, among other countries, has incorrectly transposed certain provisions of the Directive. For this reason, the European Commission sent Greece first a letter of formal notice and then an additional letter of formal notice, as it considered that it is one of the countries that have not fulfilled their obligations under Directive 2008/115/EC on the return of illegally staying third-country nationals. [Infringement number: INFR(2014)2231].
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the European Commission sent a letter of formal notice under Article 258 TFEU, followed by a reasoned opinion to Greece, requesting it to comply with the provisions of Directive 2008/115/EC. This is because Greece is one of the countries which has not fully transposed the provisions of Directive 2006/115/EC on the return of illegal immigrants, thereby infringing EU law.
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