Journal article

Publication details

Case comment: Enhanced protection of EU nationals against expulsion and the concept of internal public security: comment on the PI case
in journal: European Law Re

Volume number: 37
Issue number: 5
Release year: 2012
Page range: 627-640

Author(s) details

Giorgios Anagnostaras

Publication description

Child sex offences, Deportation, EU nationals, Free movement of persons, Public policy, Public safety
Is it permissible to rely on imperative public security grounds in order to expel an EU citizen convicted of a particularly serious crime, even when the person concerned poses no actual threat to the existence of the State and the survival of its population? In Tsakouridis , expulsion on the basis of public security considerations was accepted in principle, in connection with illegal trafficking in narcotics as part of an organised group, on the rationale that this activity could reach a level of intensity which might expressly threaten the calm and physical security of the population. The recent preliminary ruling in PI suggests that imperative public security grounds can also be invoked for certain especially grave criminal acts, even when these acts only impair the legal interests of specific individuals. However, this conclusion blurs the line between the concepts of public policy and public security, undermining in essence the increased level of protection that the law intends to afford to EU citizens residing for more than 10 years in the territory of a given Member State. At the same time, the question arises whether the existence of genuine integration in the Member State of residence constitutes a necessary prerequisite for enjoyment of the enhanced protection against expulsion provided for by law.