HvJ EU: boete mag geen alternatief zijn voor uitzetting

Having regard to all of the foregoing considerations, the answer to the question referred is that Directive 2008/115, in particular Articles 6(1) and Article 8(1), read in conjunction with Article 4(2) and (3), must be interpreted as precluding legislation of a Member State such as that at issue in the main proceedings, which provides, in the event of third-country nationals illegally staying in the territory of that Member State, depending on the circumstances, for either a fine or removal, since the two measures are mutually exclusive.

Case Zaizoune - C‑38/14, 23.4.15
http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text...