Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/27/2023

Subject: The Court affirmed that EU Law precludes a Member State from adopting a decision banning entry into the territory of the European Union in respect of a third-country national, who is a family member of a Union citizen, a national of that Member State who has never exercised his or her right to free movement, without having examined beforehand whether there is, between those persons, a relationship of dependency which would de facto compel that Union citizen to leave the territory of the European Union altogether in order to go with that family member and, if so, whether the grounds on which that decision was adopted allow a derogation from the derived right of residence of that third-country national. Moreover, according to the Court, EU Law precludes that a third-country national, who should have been the addressee of a return decision, is the subject – in a direct extension of the decision which withdrew from him or her, for reasons connected with national security, his or her right of residence on the territory of the Member State concerned – of a decision banning entry into the territory of the European Union, adopted for identical reasons, without consideration being given, beforehand, to his or her state of health and, where appropriate, his or her family life and the best interests of his or her minor child. Finally, EU Law precludes a national practice by which the administrative authorities of a Member State refuse to apply a final court decision ordering the suspension of enforcement of an entry ban decision on the ground that that decision had already been the object of an alert in the Schengen Information System.

Parties: M.D. (Interdiction d’entrée en Hongrie)

Classification: Equality - Art. 24 Children’s rights - Citizens’ rights - Art. 45 Freedom of residence - Justice - Art. 47 Right to an effective remedy before a tribunal

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