Initiative of the French Republic with a view to adopting a Council Directive on mutual recognition of decisions on the expulsion of third country nationals
Date: 2000-08-24
Institutions: France
Subjects: EU policy, foreign national, migration policy, public safety, removal

24.8.2000

EN

Official Journal of the European Communities

C 243/1

II

(Preparatory Acts)

COUNCIL

Initiative of the French Republic with a view to adopting a Council Directive on mutual
recognition of decisions on the expulsion of third country nationals

(2000/C 243/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 63(3) thereof,

(4) Decisions for the expulsion of

third country nationals
have to be adopted in accordance with fundamental
rights, as safeguarded by the European Convention for the
Protection of Human Rights and Fundamental Freedoms
of 4 November 1950,
in particular Articles 3 and 8
thereof, and the Geneva Convention relating to the Status
of Refugees of 28 July 1951 and as they result from the
constitutional principles common to the Member States.

Having regard to the initiative by the French Republic,

(5)

Having regard to the opinion of the European Parliament,

Whereas:

the objective of

In accordance with the principles of subsidiarity and
proportionality,
the proposed action,
namely cooperation between Member States on expulsion
of third country nationals, cannot be sufficiently achieved
by the Member States and can therefore, by reason of the
effects of
the
Community. This Directive does not go beyond what is
necessary to achieve that objective,

action, be better

achieved by

the

(1) The Treaty stipulates

to adopt
measures on immigration policy within areas comprising
conditions of entry and residence as well as
illegal
immigration and illegal residence.

the Council

that

is

(2) The European Council of Tampere on 15 and 16 October
1999, reaffirmed its resolve to create an area of freedom,
security and justice. For
common
European policy on asylum and migration should aim
both at
third country nationals and
fair treatment of
better management of migration flows.

that purpose,

a

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.
The purpose of this Directive is to make possible the
enforcement of an expulsion decision issued by a competent
authority in one Member State, hereinafter referred to as the
(cid:145)issuing Member State(cid:146), against a third country national present
within the territory of another Member State, hereinafter
referred to as the (cid:145)enforcing Member State(cid:146).

(3) The need to ensure greater effectiveness in enforcing
expulsion decisions
cooperation between
and better
Member States entails mutual recognition of expulsion
decisions.

The expulsion referred to in paragraph 1 shall be carried
in accordance with the conditions laid down in this

2.
out
Directive.

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EN

Official Journal of the European Communities

24.8.2000

Article 2

Article 4

For the purposes of this Directive,

(a)

(cid:145)third country national(cid:146): shall mean anyone above the age
of majority who is not a national of any of the Member
States;

(b)

(cid:145)expulsion decision(cid:146):
shall mean any decision of an
administrative nature taken by the competent authority of
a Member State;

(c)

(cid:145)enforcement measure(cid:146):
any measure
implementing an expulsion decision taken by the enforcing
Member State.

shall mean

If the enforcing Member State has no information as to the
it shall
continued enforceability of
the decision
ascertain from the issuing Member State that
remains enforceable.

the expulsion decision,

The enforcing Member State shall first examine the situation of
the person concerned under
international
instruments and under the national rules applicable.

relevant

the

Article 5

The third country national concerned must be able to bring
proceedings for a remedy against the enforcement measure
under the conditions laid down by the enforcing Member
State’s legislation.

Article 3

The expulsion referred to in Article 1 shall be carried out in
the following cases:

Where, under the enforcing Member State’s legislation, such
remedy is not suspensive in effect, that State shall carry out
the enforcement measure and inform the issuing Member State
accordingly.

(a) a third country national

shall be the subject of an
expulsion decision based on a serious and present threat to
public policy or public security or to national security,
taken in the following cases:

(cid:151) sentencing of a third country national by the issuing
Member State to a non-suspended penalty involving
deprivation of liberty of at least one year,

(cid:151) the existence of serious grounds for believing that a
third country national has committed serious criminal
offences or the existence of solid evidence of his
intention to commit such offences within the territory
of a Member State.

Possession of a residence permit shall not prevent
the
carrying out of an expulsion decision taken under this
point. That decision must be based on a serious present
threat and be consistent with the European Convention for
the
and Fundamental
Freedoms of 4 November 1950;

Protection of Human Rights

(b) a third country national

decision based on failure
regulations on the entry or residence of aliens.

is the subject of an expulsion
to comply with national

Where, under the enforcing Member State’s legislation, such
remedy is suspensive in effect, the enforcement measure shall
not be carried out until all remedies have been exhausted and
the issuing State’s enforcement measure upheld. The enforcing
Member State shall
inform the issuing Member State of the
enforcement of the measure.

Article 6

Protection of personal data and data security shall be ensured
legislation adopted pursuant to
in accordance with national
Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (1).

Article 7

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than (cid:133) (*). They shall forthwith inform the
Commission thereof.

In the two cases referred to in (a) and (b),
decision must not have been rescinded or suspended.

the expulsion

(1) OJ L 281, 23.11.1995, p. 31.
(*) (cid:133) years from the date of entry into force of this Directive.

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Official Journal of the European Communities

C 243/3

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 9

This Directive shall enter
publication in the Official Journal of the European Communities.

into force on the day of

its

2. Member States shall communicate to the Commission the
text of the main provisions of domestic law which they adopt
in the field governed by this Directive.

Done at Brussels, (cid:133)

Article 8

This Directive is addressed to the Member States.

For the Council

The President

(cid:133)