Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-m9pkr Total loading time: 0 Render date: 2024-07-13T22:48:02.430Z Has data issue: false hasContentIssue false

Chapter 6 - Once a Foreigner, Always a Foreigner. Who Does Not Belong Here Anymore? Expulsion Measures

Published online by Cambridge University Press:  22 September 2018

Eleanor Spaventa
Affiliation:
Professor of European Union Law at the Law School, Durham University
Get access

Summary

INTRODUCTION

The right to enter and reside in any of the Member States, subject to the conditions provided for in Directive 2004/38, is one of the most important rights granted to citizens of the Union. In order to make this right fully effective EU law also restricts the discretion of Member States in refusing entry and terminating residency rights of Union citizens; and it provides for procedural safeguards in order to guarantee the effective enjoyment of Union rights by Union citizens.

In this chapter I am going to focus on two different issues: first of all, I will analyse the conditions which have to be satisfied by the citizen in order to gain residency rights. In particular, for stays of between three months and five years, the Union citizen must be either economically active or economically independent, which is to say have sufficient resources and comprehensive health insurance so as not to become a ‘burden’ on the host welfare system. The question arises as to when, if the citizen fails, or ceases, to meet those conditions, can a Member State expel a Union citizen. Secondly, I will analyse expulsion measures justified on public policy/public security grounds. My overall conclusion is that the Court has retreated from a purposive interpretation of Union citizenship and Directive 2004/38, so that it is only ‘good’ citizens that enjoy rights arising from membership of the European Union family. The errant, the poor and the diverse might find that they have limited rights from Member States other than their own: thus Union citizenship, as recently interpreted, reinforces traditional notions of ‘belonging’ by nationality, so that responsibility for the weaker and less attractive members of society continues to be vested on their state of origin, regardless of the actual link that the citizen has with the latter and the host Member State respectively.

Type
Chapter
Information
Residence, Employment and Social Rights of Mobile Persons
On How EU Law Defines Where They Belong
, pp. 89 - 110
Publisher: Intersentia
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×