Measures to enforce a decision to expel a Union citizen and family members on grounds of public policy or public security constitute restrictions on the right to movement and residence, which may be justified if they are based exclusively on the personal conduct of the individual concerned and comply with the principle of proportionality

(Source: Court of Justice of the EU)

In view of the systems of cooperation available to the Member States, the maximum detention period of eight months provided for by Belgian law does, however, go beyond what is necessary to establish an effective removal policy

Two actions for annulment were brought before the Constitutional Court(Belgium) in respect of the Law of 24February 2017 amending the Law of 15December 1980 on the admission, residence, establishment and removal of foreign nationals in order to enhance protection of public policy and national security,1the first by Ordre des barreaux francophones et germanophone, and the second by four non-profit associations involved in the defence of migrants’ rights and protection of human rights.

Full Press Release – 110/2021 : 22 June 2021 – Judgment of the Court of Justice in Case C-718/19

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