WRITTEN QUESTION E-1830/02 by Graham Watson (ELDR) to the Commission. Deportation of British subjects.
Date: 2002-06-27
Institutions: European Parliament, Provisional data
Subjects: Cyprus, EU law, United Kingdom, accession criteria, accession negotiations, foreign national, free movement of persons, national implementing measure, removal

17.4.2003

EN

Official Journal of the European Union

C 92 E/97

The first part of the study concerns the actual extent of the phenomenon of missing or sexually exploited
children. The second part of the study is intended to give an overall view on the existence, role and
structure of the civil society organisations in the Members States actively supporting the search for missing
or sexually exploited children. The third part of the study is to examine the legal issues arising from the
involvement of the civil society organisations in the Member States actively supporting the search for
missing or sexual exploited children, in particular the issues concerning competent authorities sending
confidential information to such organisations. Three round tables will also be organised during the course
of the study.

Currently the Commission has no plans to draft legislation specifically addressing missing persons.

(2003/C 92 E/100)

WRITTEN QUESTION E-1830/02

by Graham Watson (ELDR) to the Commission

(27 June 2002)

Subject: Deportation of British subjects

Is the Commission aware of the actions of Cyprus with regard to the deportation of two British nationals?
Does the EU Enlargement Directorate monitor the deportation process of Cyprus?

Answer given by Mr Verheugen on behalf of the Commission

(26 July 2002)

The Commission is aware of certain cases of deportation of British nationals in Cyprus and the
Commission has had several exchanges of correspondence with the deportees.

The Commission wishes to stress that, as Cyprus is not a Member State, it is not bound by the Community
legislation.

Nevertheless, once Cyprus becomes a full member of the Union, it will have to abide by Community Law
and adapt its national law in order to respect the right to free movement of persons, including rules
governing measures taken in order to restrict this right (e.g. expulsion).

The right to free movement of persons is a fundamental and individual right, which is conferred to each
citizen of the Union by the Treaty establishing the European Community itself (Article 18). Restrictions to
these rights are possible on grounds of public policy, public security or public health.

Measures (such as denial of entry or an expulsion order) taken by Member States on those grounds,
however, may only be used in compliance with Council Directive 64/221/EC of 25 February 1964 on the
co-ordination of special measures concerning the movement and residence of foreign nationals which are
justified on grounds of public policy, public security or public health (1), which provides for certain
safeguards and guarantees in order to limit the discretionary power of Member States in this respect. It
aims to ensure that the fundamental right to free movement is protected, in accordance with the European
Court of Justice case law, which has interpreted its provisions.

Measures taken on grounds of public order or public security have to be based exclusively on the personal
conduct of the individual concerned and to be motivated by a present and sufficiently serious threat
affecting one of the fundamental interests of society. They have to be applied in accordance with the
principle of proportionality.

Within the context of the accession negotiations currently underway between Cyprus and the Union, the
Commission monitors closely the process of alignment of Cypriot domestic legislation with Community
law and Cyprus’ capacity to implement this Community legislation. It will continue to do so to ensure that,
by the time of accession, Cyprus fully complies with all aspects of Community law related to the Free
Movement of Persons enshrined in the EC Treaty, and in accordance with the provisions of Council
Directive 64/221/EC.

(1) OJ P 56, 4.4.1964.