Judgment of the Court (Grand Chamber) of 22 June 2021 (request for a preliminary ruling from the Cour constitutionnelle — Belgium) — Ordre des barreaux francophones et germanophone, Association pour le droit des Étrangers ASBL, Coordination et Initiatives pour et avec les Réfugiés et Étrangers ASBL, Ligue des Droits de l’Homme ASBL, Vluchtelingenwerk Vlaanderen ASBL v Conseil des ministres

(Case C-718/19) (1)

(Reference for a preliminary ruling - Citizenship of the Union - Articles 20 and 21 TFEU - Directive 2004/38/EC - Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States - Decision to terminate a person’s residence on grounds of public policy - Preventive measures to avoid any risk of the person concerned absconding during the period allowed for that person to leave the territory of the host Member State - National provisions similar to those applicable to third-country nationals under Article 7(3) of Directive 2008/115/EC - Maximum period of detention for the purpose of removal - National provision identical to that applicable to third-country nationals)

(2021/C 329/03)

Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings

Applicants: Ordre des barreaux francophones et germanophone, Association pour le droit des Étrangers ASBL, Coordination et Initiatives pour et avec les Réfugiés et Étrangers ASBL, Ligue des Droits de l’Homme ASBL, Vluchtelingenwerk Vlaanderen ASBL

Defendant: Conseil des ministres

Operative part of the judgment

Articles 20 and 21 TFEU and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as:

— not precluding national legislation which applies to Union citizens and their family members, during the period allowed for them to leave the territory of the host Member State following the adoption of an expulsion decision taken against them on grounds of public policy or during an extension of that period, provisions aimed at avoiding the risk of absconding that are similar to provisions whose purpose is, as regards third-country nationals, to transpose Article 7(3) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals into national law, provided that the former provisions respect the general principles laid down in Article 27 of Directive 2004/38 and are no less favourable than the latter provisions;

— precluding national legislation which applies to Union citizens and their family members who, after the expiry of the period allowed for them to leave the territory or an extension of that period, have not complied with an expulsion decision taken against them on grounds of public policy or public security, a detention measure for a maximum period of detention of eight months for the purpose of removal, that period being identical to that applicable, in national law, to third-country nationals who have not complied with a return decision issued on such grounds pursuant to Article 6(1) of Directive 2008/115.

(1) OJ C 413, 9.12.2019.