Free Movement of People Flashcards
Art 45 tfeu
no discrimination of nationality between workers of the member states with regard to employment and renumeration
Lawrie Blum
worker = takes orders from another in return for renumeration
Directive 2004/38 Article 27
any measures taken on public policy/security shall comply with the principle of proportionality
based exclusively on personal conduct of individual
personal conduct must represent a “genuine, present and sufficiently serious threat affecting the fundamental interests of society”
Directive 2004/38 Article 28
how long they have resided, age, health, family + economic situation, social + cultural integration, links with origin country
can only take expulsion order against permanent resident (5 years) on serious grounds of public policy/security
enhanced rights after 10 years- only public security
Van Duyn v. Home office
Direct effect of directive against MS. Especially the section on personal conduct exclusively
Adoui v Cornuaille
“Community law does not impose uniform values that may be considered contrary to public policy”
“However, Conduct shall not justify expulsion where the MS with respect to the conduct of its own nationals does not impose ‘repressive measures or other genuine and effective measures to combat such conduct’
Bonsignore
Any departure from rules concerning free movement must be “strictly construed”
Is he an ongoing threat??- No
Calfa
Greek national law did not allow for the consideration for personal conduct when deporting
Rutili
Law did not apply to french nationals only others
Olazabal
French authorities would have grounds to fully exclude you on public policy, so a lesser restriction is not contrary to EU law
ZZ
We need to know all info to determine whether expulsion order was proportionate or disproportionate
Tsakouridis
Argued full integration with MS
if the interference is proportionate:
nature/seriousness of offence
period passed since committed
conduct of person during that time
solidity of the social, cultural and family ties with MS.
I
“Had this been known I would have been prosecuted and convicted without being able to invoke art 28”
Ability to gain enhanced rights would “conflict with the values on which citizenship of the union is based”
Although the directive says that a criminal conviction alone cannot constitute expulsion, sex offenders have a great likelihood of reoffending and so represent an ongoing threat to society
“genuine, present threat affecting one of the most fundamental interests of society”
K
The mere presence of this war criminal in the country was argued to be a threat to a fundamental of society
Must consider: persistence in being hostile to fundamental values, capable of disturbing the peace of mind and physical security of the population
Petrea
Re entering after expulsion allows MS to adopt a new removal procedure
