Expulsion from the European Union of foreign citizens (non- European citizens)

To foreign citizens owners of a long-term residence permit is granted a “renforced” protection for what it concerns “expulsion”.

It is not enough to be expulsed from the European Union that they may have be condamned to 1 year of detention

This has been established by the Court of Justice of the European Union, swntence of dceember, 7^th 2017.  

They have underlined this way the aim of the Directive 2003/109/CE : integration of foreign non- European citizens permanently established in the European Union and so their renforced protection in cases of expulsion.  

Before deciding about the expulsion of a foreign citizen owner of a long-termin residence permit of a member state of the European Union some elements must be considered:

We remind you that any sentence of the Court of Justice of the European Union must be applied by the national judges who have interpelled the Court of Justice of the EU to solve that controversy and the Court's sentence is blinding for all the national judges.

 

Judges in the domestic courts of member states (national judges) are at the same time European judges. This means they not only apply domestic law (for example Italian law in Italy or Spanish law in Spain) but also European Union law.

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