Sentences with phrase «protection against expulsion»

By this reference for a preliminary ruling, the Oberverwaltungsgericht für das Land Nordrhein ‑ Westfalen (Germany) asks the Court to specify, in the light of the judgment in Tsakouridis, (2) the conditions for granting protection against expulsion under Article 28 (3)(a) of Directive 2004 / 38 / EC.

(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 14 year old minor, sexual coercion and rape)

In particular, on the basis of the criteria laid down by the case ‑ law of the Court of Justice, Directive 2004/38 gives Union citizens protection against expulsion.

That is why that directive, as follows from its recital 24, establishes a system of protection against expulsion measures which is based on the degree of integration of those persons in the host Member State, so that the greater the degree of integration of Union citizens and their family members in the host Member State, the greater the degree of protection against expulsion should be.

As we have seen, Article 28 (3) of Directive 2004/38 constitutes the highest level of protection against expulsion, the most important, because it benefits the Union citizen who has resided on the territory of the host Member State during the 10 years preceding the expulsion measure.

I shall then state why, in my view, Article 28 (2) and (3) is to be interpreted as meaning that a Union citizen can not rely on the right to enhanced protection against expulsion under that provision where it is shown that that citizen derives that right from offending conduct constituting a serious disturbance of the public policy of the host Member State.

Indeed, one can only be in need of protection against expulsion if something extraordinary happens.

In the view of the learned AG committing a crime «shows a total lack of desire to integrate into society» (para. 60), disqualifying the criminal from protection against expulsion (para. 49).

Directive 2004/38 on the right of EU citizens to move and reside freely creates a system substantially based on an ever «greater degree of protection against expulsion», the «greater the degree of integration of Union citizens» becomes (recital 24).

Not exact matches

That right of permanent residence confers on its beneficiary protection against measures of expulsion, which can be taken against him only on serious grounds of public policy or public security.