ECJ – Judgment of 22.05.2012 (Grand Chamber), P. I., C-348/09 – <<Freedom of movement for persons – Directive 2004/38/EC – Article 28(3)(A) – Expulsion – Criminal conviction – Imperative grounds of public security>> – Behaviors included in the concept imp
Keywords:
Freedom of movement for persons, Expulsion of Union citizen, Grounds of public policy, Imperative grounds of public securityAbstract
The Court of Justice of the European Union considers that the Criminal offences covered by the concept of “particularly serious crime” referred to in the Treaty on the Functioning of the European Union may justify deporting an EU citizen, even if that person has lived for more than ten years in the host Member State. Although the Court determines that the issue of such a deportation order is conditional on the requirement that the personal conduct of the individual concerned must represent a genuine, present threat affecting one of the fundamental interests of that State, extending the scope of the concept “imperative grounds of public security” may lead to an overlap with the concept of “public order”. This could decrease the enhanced protection against expulsion provided for in subparagraph a) of paragraph 3 of Article 28 of Directive 2004/38.Downloads
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How to Cite
Rodríguez Mesa, M. J. (2015). ECJ – Judgment of 22.05.2012 (Grand Chamber), P. I., C-348/09 – <<Freedom of movement for persons – Directive 2004/38/EC – Article 28(3)(A) – Expulsion – Criminal conviction – Imperative grounds of public security>> – Behaviors included in the concept imp. Revista De Derecho Comunitario Europeo, (43), 953–968. Retrieved from https://recyt.fecyt.es/index.php/RDCE/article/view/39564
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CASE LAW COURT OF JUSTICE OF THE EU
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