The Council of State made a distinction between people arrested after crossing the border, who must be subject to the Return Directive 2008/115/EC (case law Conseil d’Etat No. 428178, November 2020), and those who are arrested before crossing the border for whom the refusal of entry is compatible with European law.
Court Council of State
Relevant Law Article 2 Directive 2008/115/EC, Article 13 Regulation (EU) 2016/399
Found for State