{
  "url": "https://openlegislation.uk/eu-directive-2008-115/article-13",
  "json_url": "https://openlegislation.uk/eu-directive-2008-115/article-13.json",
  "legislation": "eudr/2008/115",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-directive-2008-115",
  "path": "article/13",
  "kind": "article",
  "number": "13",
  "heading": "Remedies",
  "text": "1. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 12(1), before a competent judicial or administrative authority or a competent body composed of members who are impartial and who enjoy safeguards of independence.\n2. The authority or body mentioned in paragraph 1 shall have the power to review decisions related to return, as referred to in Article 12(1), including the possibility of temporarily suspending their enforcement, unless a temporary suspension is already applicable under national legislation.\n3. The third-country national concerned shall have the possibility to obtain legal advice, representation and, where necessary, linguistic assistance.\n4. Member States shall ensure that the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article 15(3) to (6) of Directive 2005/85/EC.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2008/115/article/13",
    "retrieved_at": "2026-11-01T15:22:17.177812+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}