EU citizens—restrictions on their right, exclusion and expulsion

Published by a LexisNexis EU Law expert
Practice notes

EU citizens—restrictions on their right, exclusion and expulsion

Published by a LexisNexis EU Law expert

Practice notes
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This Practice Note examines the conditions under which the rights of residence and admission in the host Member State by EU citizens and their family Members can be restricted.

Non-exercise of treaty rights

EU citizens and their family members can be excluded or expelled on the grounds other than public Policy or security, but this is subject to important restrictions as listed below in the following sub-section, concerning restriction measures taken on the grounds of public policy, security and health.

When seeking to restrict the rights of residence/entry of EU citizens and their family members on grounds not related to public policy, security or health, the Court of Justice has ruled that Article 15 of Directive 2004/38/EC (the Citizens’ Directive) entitled ‘Procedural guarantees’, provides, in paragraph 1, that the procedures provided for by Articles 30 and 31 of the Directive are to apply by analogy to all decisions restricting free movement of EU citizens and their family members on grounds other than public policy, public security or public health. Furthermore, Article 15(3) of the Citizens’

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Jurisdiction(s):
European Union
Key definition:
Exclusion definition
What does Exclusion mean?

A disciplinary penalty in which a pupil is made to leave a school, either for a fixed period, or permanently.

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