Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/12/2019

Subject: The Court affirmed that it has jurisdiction under Article 267 TFEU to interpret Article 6 of Directive 2003/86/EC on the right to family reunification in a situation in which a court is called upon to rule on an application for entry and residence of a third-country national who is a member of the family of a Union citizen who has not exercised his or her right to free movement, where that provision has been made directly and unconditionally applicable to such a situation by national law. According to the Court, Directive 2003/86 does not preclude a national practice under which the competent authorities may, on grounds of public policy, first, reject an application, founded on that directive, for entry and residence, on the basis of a criminal conviction imposed during a previous stay on the territory of the Member State concerned and, second, withdraw a residence permit founded on that directive or refuse to renew it where a sentence sufficiently severe in comparison with the duration of the stay has been imposed on the applicant, provided that that practice is applicable only if the offence which warranted the criminal conviction at issue is sufficiently serious to establish that it is necessary to rule out residence of that applicant and that those authorities carry out the individual assessment provided for in Article 17 of that directive

Parties: G.S. (Menace pour l’ordre public)

Classification: Freedoms - Art. 9 Right to found a family - Citizens’ rights - Art. 45 Freedom of residence

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