Sanctions against employers of illegally staying third-country nationals

The Directive 2009/52/EC of the European Parliament and Council of 18 June 2009 provides for minimum standards on sanctions and measures against employers of illegally staying third-country nationals.ASGI filed a complaint to the European Commission, noting several violations with respect to the implementation of the Directive .

The Directive prohibits the Member States to hire third-country nationals staying illegally in the EU and provides for sanctions and other measures (ban on receiving public subsidies, etc.) and in serious cases, imposes criminal sanctions against employers of third-country citizens.

Italy implemented the Directive into its national law by Legislative Decree n. 109/2012 avoiding the infringement proceedings from the European Commission.
The EU Commission, in its Communication to the European Parliament and the Council of 22.05.2014 regarding the transposition of Directive 2009/52/EC, has already noted that many Member States, including Italy, have adopted satisfactory protective measures, which comply with the Directive. Moreover, in its Communication to the European Parliament and the Council of 13.05.2015 (on the European Agenda on Migration), the Commission stated that “[i]t will also prioritise infringement procedures relating to this Directive” (p. 9).
ASGI filed a complaint to the European Commission, noting several violations with respect to the implementation of Directive 2009/52/EC.

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