55The Member States must therefore take account of all the Court’s case-law concerning observance of the rights of the defence in conjunction with the scheme of Directive 2008/115 when they determine the conditions under which observance of the right to be heard of illegally-staying third-country nationals is to be ensured and when they act upon an infringement of that right (see, to that effect, judgment in G. and R., EU:C:2013:533, paragraph 37).
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