mg_prisonUTIAC1408 (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion decision made against them must be based upon imperative grounds of public security. (2) There is a tension in the judgment of the Court of Justice of … Continue reading MG (Prison-Article 28, (A) of Citizens Directive): UTIAC 12 Aug 2014
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 28(3)(a) – Protection against expulsion – Method for calculating the 10-year period – Whether periods of imprisonment are to be taken into account Judges: R. Silva de Lapuerta (Rapporteur), P Citations: C-400/12, [2014] EUECJ C-400/12, [2014] 2 CMLR 40, [2014] Imm AR 561, ECLI:EU:C:2014:9, … Continue reading Secretary of State For The Home Department v MG (Judgment of The Court): ECJ 16 Jan 2014
ECJ (Opinion) Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Protection against expulsion – Concepts of ‘public policy’ and ‘public security’ – Concept of ‘imperative grounds of public security’ – Criminal conviction for sexual abuse of a … Continue reading PI v Oberburgermeisterin Der Stadt Remscheid: ECJ 6 Mar 2012
(Grand Chamber) Freedom of movement for persons – Directive 2004/38/EC – Articles 16(4) and 28(3)(a) – Union citizen born and having resided for over 30 years in the host Member State – Absences from the host Member State – Criminal convictions – Expulsion decision – Imperative grounds of public security Judges: V. Skouris, P Citations: … Continue reading Land Baden-Wurttemberg v Tsakouridis: ECJ 23 Nov 2010
ECJ (European Citizenship) Directive 2004/38/EC Freedom of movement for persons – Union citizen – Criminal convictions – Expulsion decision – Imperative grounds of public security. Citations: C-145/09, [2010] EUECJ C-145/09 Links: Bailii Statutes: Directive 2004/38/EC Freedom of movement for persons Jurisdiction: European Cited by: Opinion – Land Baden-Wurttemberg v Tsakouridis ECJ 23-Nov-2010 (Grand Chamber) Freedom … Continue reading Land Baden-Wurttemberg v Tsakouridis: ECJ 8 Jun 2010
The respondent an Italian national had come to the UK, and married an English wife and making a family here. After the marriage broke down he committed a manslaughter, and on his release it was decided that he should be deported. He successfully appealed, and his appeal was confirmed by the Court of Appeal. Held: … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 27 Jul 2016
V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the Appellant’s appeal from the overturning of the deportation. The Supreme Court … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019
ECJ Citizenship of The European Union – Right To Move and Reside Freely – Enhanced Protection v Expulsion – Judgment – References for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 28(3)(a) – Enhanced protection … Continue reading B v Land Baden-Wurttemberg: ECJ 17 Apr 2018
Free movement for those suspected of War Crimes Grand Chamber – Citizenship of The European Union – Right To Move and Reside Freely Within The Territory of The Member States – Restrictions – Judgment – Reference for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the … Continue reading K v Staatssecretaris van Veiligheid en Justitie, F v Belgium – Allegations De Crimes De Guerre: ECJ 2 May 2018
pi_remscheidECJ2012 ECJ Freedom of movement for persons – Directive 2004/38/EC – Article 28(3)(a) – Expulsion decision – Criminal conviction – Imperative grounds of public security [2012] EUECJ C-348/09 Bailii Citing: Opinion – PI v Oberburgermeisterin Der Stadt Remscheid ECJ 6-Mar-2012 ECJ (Opinion) Directive 2004/38/EC – Right of citizens of the Union and their family members … Continue reading PI v Oberburgermeisterin Der Stadt Remscheid: ECJ 22 May 2012
