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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

1.   Member States shall, with the exception of the situation covered in Articles 16 and 17, ensure that the following principles are taken into account as far as possible in relation to third-country nationals during the period for voluntary departure granted in accordance with Article 7 and during periods for which removal has been postponed in accordance with Article 9:


family unity with family members present in their territory is maintained;


emergency health care and essential treatment of illness are provided;


minors are granted access to the basic education system subject to the length of their stay;


special needs of vulnerable persons are taken into account.

2.   Member States shall provide the persons referred to in paragraph 1 with a written confirmation in accordance with national legislation that the period for voluntary departure has been extended in accordance with Article 7(2) or that the return decision will temporarily not be enforced.

Article 14 §1 – Abdida C-562/13
Article 14 – LM - Case C-402/19

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