Keywords

Summary



Keywords

1 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO ALIENS CONTROL - PROCEDURE FOR EXAMINATION AND OPINION BY THE COMPETENT AUTHORITY - ARTICLE 9 OF DIRECTIVE NO 64/221 - DIRECT EFFECT

( COUNCIL DIRECTIVE NO 64/221 , ART . 9 )

2 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO ALIENS CONTROL - PROCEDURE FOR EXAMINATION AND OPINION BY THE COMPETENT AUTHORITY - COMPETENT AUTHORITY - CONCEPT - DESIGNATION - DISCRETION OF MEMBER STATES

( COUNCIL DIRECTIVE NO 64/221 , ART . 9 )

3 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISION RELATING TO ALIENS CONTROL - DEPORTATION ORDER - PRIOR OPINION OF THE COMPETENT AUTHORITY - RECOMMENDATION FOR DEPORTATION BY A CRIMINAL COURT - ASSIMILATION TO AN OPINION - CONDITIONS

( COUNCIL DIRECTIVE NO 64/221 , ART . 9 )

4 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO ALIENS CONTROL - DEPORTATION ORDER - PRIOR OPINION OF THE COMPETENT AUTHORITY - VALIDITY - CONDITIONS - PROXIMITY IN TIME TO DEPORTATION ORDER

( COUNCIL DIRECTIVE NO 64/221 , ART . 9 )

5 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO ALIENS CONTROL - DEPORTATION ORDER - PRIOR OPINION OF COMPETENT AUTHORITY - REASONS

( COUNCIL DIRECTIVE NO 64/221 , ARTS . 6 AND 9 )

Summary

1 . ARTICLE 9 OF DIRECTIVE NO 64/221 IMPOSES OBLIGATIONS ON MEMBER STATES WHICH MAY BE RELIED UPON BY THE PERSONS CONCERNED BEFORE NATIONAL COURTS .

2 . DIRECTIVE NO 64/221 LEAVES A MARGIN OF DISCRETION TO MEMBER STATES IN REGARD TO THE DEFINITION OF THE ' ' COMPETENT AUTHORITY ' ' REFERRED TO IN ARTICLE 9 ( 1 ). ANY PUBLIC AUTHORITY INDEPENDENT OF THE ADMINISTRATIVE AUTHORITY CALLES UPON TO ADOPT ONE OF THE MEASURES REFERRED TO BY THE DIRECTIVE , WHICH IS SO CONSTITUTED THAT THE PERSON CONCERNED ENJOYS THE RIGHT OF REPRESENTATION AND OF DEFENCE BEFORE IT , MAY BE CONSIDERED AS SUCH AN AUTHORITY .

3 . A RECOMMENDATION FOR DEPORTATION MADE UNDER BRITISH LEGISLATION BY A CRIMINAL COURT AT THE TIME OF CONVICTION MAY CONSTITUTE AN OPINION UNDER ARTICLE 9 OF DIRECTIVE NO 64/221 PROVIDED THAT THE OTHER CONDITIONS OF ARTICLE 9 ARE SATISFIED . THE CRIMINAL COURT MUST TAKE ACCOUNT IN PARTICULAR OF THE PROVISIONS OF ARTICLE 3 OF THE DIRECTIVE INASMUCH AS THE MERE EXISTENCE OF CRIMINAL CONVICTIONS MAY NOT AUTOMATICALLY CONSTITUTE GROUNDS FOR DEPORTATION MEASURES .

4 . THE OPINION OF THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 9 ( 1 ) OF DIRECTIVE NO 64/221 MUST BE SUFFICIENTLY PROXIMATE IN TIME TO THE DECISION ORDERING EXPULSION TO PROVIDE AN ASSURANCE THAT THERE ARE NO NEW FACTORS TO BE TAKEN INTO CONSIDERATION . A LAPSE OF TIME AMOUNTING TO SEVERAL YEARS BETWEEN THE RECOMMENDATION FOR DEPORTATION ON THE ONE HAND AND THE DECISION BY THE ADMINISTRATION ON THE OTHER IS LIABLE TO DEPRIVE THE RECOMMENDATION OF ITS FUNCTION AS AN OPINION WITHIN THE MEANING OF ARTICLE 9 . IT IS INDEED ESSENTIAL THAT THE SOCIAL DANGER RESULTING FROM A FOREIGNER ' S PRESENCE SHOULD BE ASSESSED AT THE VERY TIME WHEN THE DECISION ORDERING EXPULSION IS MADE AGAINST HIM AS THE FACTS TO BE TAKEN INTO ACCOUNT , PARTICULARLY THOSE CONCERNING HIS CONDUCT , ARE LIKELY TO CHANGE IN THE COURSE OF TIME .

5 . BOTH THE ADMINISTRATIVE AUTHORITY QUALIFIED TO MAKE THE DEPORTATION ORDER AND THE PERSON CONCERNED SHOULD BE IN A POSITION TO TAKE COGNIZANCE OF THE REASONS WHICH LED THE ' ' COMPETENT AUTHORITY ' ' TO GIVE THE OPINION REFERRED TO IN ARTICLE 9 ( 1 ) OF DIRECTIVE NO 64/221 - SAVE WHERE GROUNDS TOUCHING THE SECURITY OF THE STATE REFERRED TO IN ARTICLE 6 OF THE DIRECTIVE MAKE THIS UNDESIRABLE .