36In that regard, the Court has already held that whilst neither point (3)(b) of the first paragraph of Article 63 EC, a provision which was reproduced in Article 79(2)(c) TFEU, nor Directive 2008/115, adopted inter alia on the basis of the first of those two provisions, precludes Member States from having competence in criminal matters in the area of illegal immigration and illegal stays, they must adjust their legislation in that area in order to ensure compliance with European Union law. In particular, those States may not apply criminal legislation capable of imperilling the achievement of the objectives pursued by that directive, thus depriving it of its effectiveness (see Case C-61/11 PPU El Dridi [2011] ECR I-3015, paragraphs 54 and 55, and Case C-329/11 Achughbabian [2011] ECR I-12695, paragraph 33).
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