62023CJ0062_SUM
Case C‑62/23
Pedro Francisco
v
Subdelegación del Gobierno en Barcelona
(Request for a preliminary ruling from the Juzgado Contencioso-Administrativo no 5 de Barcelona)
Judgment of the Court (Tenth Chamber) of 13 June 2024
(Reference for a preliminary ruling – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record – Unfavourable police report due to arrest)
Citizenship of the Union – Right to move and reside freely within the territory of the Member States – Directive 2004/38 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Person who has been subject to a previous arrest – Circumstances which may be relied on by the national authority – Obligation to carry out an overall assessment of the personal conduct of the individual concerned taking into consideration the facts which led to the arrest
(Charter of Fundamental Rights of the European Union, Art. 7; European Parliament and Council Directive 2004/38, Arts 27(1) and (2) and 30)
(see paragraphs 32-42, operative part)
See the text of the decision.