Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/22/2012

Subject: According to the Court, criminal offences such as those referred to in the second subparagraph of Article 83(1) TFEU constitute a particularly serious threat to one of the fundamental interests of society, which might pose a direct threat to the calm and physical security of the population and are covered by the concept of ‘imperative grounds of public security’, capable of justifying an expulsion measure as long as the manner in which such offences were committed discloses particularly serious characteristics. The Court précised that any expulsion measure is conditional on the requirement that the personal conduct must represent a genuine, present threat affecting one of the fundamental interests of society or of the host Member State, which implies, in general, the existence in the individual concerned of a propensity to act in the same way in the future. Before taking an expulsion decision, the host Member State must take account of considerations such as how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration into that State and the extent of his/her links with the country of origin.

Parties: P.I.

Classification: Citizens’ rights - Art. 45 Freedom of movement

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