45It is sufficient to note in that respect that it follows both from the duty of loyalty of the Member States and the requirements of effectiveness referred to, for example, in recital 4 of Directive 2008/115, that the obligation imposed on the Member States by Article 8 of that directive, in the cases set out in Article 8(1), to carry out the removal, must be fulfilled as soon as possible. That would clearly not be the case if, after establishing that a third-country national is staying illegally, the Member State were to preface the implementation of the return decision, or even the adoption of that decision, with a criminal prosecution followed, in appropriate cases, by a term of imprisonment. Such a step would delay the removal (El Dridi, paragraph 59) and does not, moreover, appear amongst the justifications for a postponement of removal referred to in Article 9 of Directive 2008/115.
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