An expulsion of a community national from a member state must be with reasons given unless there was some need for urgency.
Europa 1. Freedom of movement for persons – Derogations – Decision concerning the control of foreign nationals – Decision ordering the expulsion of a Community national lawfully residing in the territory of a Member State – Examination and opinion procedure before the competent authority – Obligation to obtain the opinion of the competent authority before the administrative authority takes the decision to expel (Council Directive 64/221, Art. 9(1)) 2. Freedom of movement for persons – Derogations – Decision concerning the control of foreign nationals – Decision ordering expulsion – Examination and opinion procedure before the competent authority – Competent authority – Necessary condition – Duties performed in absolute independence – Appointment by the administrative authority which takes the decision to expel – Permissible (Council Directive 64/221, Art. 9(1))
1. Article 9(1) of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health must be interpreted as meaning that, save in cases of urgency, it prohibits the administrative authority from taking a decision ordering the expulsion of a Community national lawfully residing in the national territory, whether holding a residence permit or not required to hold one, before a competent authority has given its opinion.
2. Article 9(1) of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health does not preclude the competent authority required to give an opinion prior to a decision ordering expulsion from being appointed by the same administrative authority as takes the decision ordering expulsion, provided that the competent authority can perform its duties in absolute independence and is not subject to any control by the authority empowered to take the measures provided for in the directive, and that it follows a procedure enabling the person concerned, on the terms laid down by the directive, effectively to present his defence. It is for the national court to determine in each case whether those requirements have been met.
Citations:
Times 13-Dec-1995, Case C-174/94, C-175/94, [1995] EUECJ C-175/94
Links:
Statutes:
Council Directive 64/221/EEC art 9
Immigration, European
Updated: 03 June 2022; Ref: scu.161380