CELEX: 62018CN0381
Language: en
Date: 2018-06-11 00:00:00
Title: Case C-381/18: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 11 June 2018 — G.S., other party: Staatssecretaris van Justitie en Veiligheid

201808030192050472018/C 294/393812018CJC29420180820EN01ENINFO_JUDICIAL20180611282922Case C-381/18: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 11 June 2018 — G.S., other party: Staatssecretaris van Justitie en Veiligheid
 ---documentbreak--- C2942018EN2820120180611EN0039282292Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 11 June 2018 — G.S., other party: Staatssecretaris van Justitie en Veiligheid
   (Case C-381/18)2018/C 294/39Language of the case: Dutch
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Applicant: G.S.
   
      Other party: Staatssecretaris van Justitie en Veiligheid
   
      Questions referred
   
   
            1.
         
         
            Must Article 6(2) of Directive 2003/86/EC (
                  1
               ) … be interpreted as meaning that the withdrawal or the refusal to renew the residence permit of a family member on grounds of public policy require that reasons be stated as to why the personal conduct of the family member concerned poses a genuine, present and sufficiently serious threat to one of the fundamental interests of society?
         
      
            2.
         
         
            If question 1 is to be answered in the negative, what are the requirements under Article 6(2) of Directive 2003/86/EC … that apply to the reasons for the withdrawal or the refusal to renew the residence permit of a family member on grounds of public policy?
            Must Article 6(2) of Directive 2003/86/EC … therefore be interpreted as precluding a national practice according to which the residence permit of a family member can be withdrawn or the renewal thereof can be refused on grounds of public policy if the penalty or measure to which the family member concerned has been sentenced is sufficiently high in relation to the duration of the lawful stay in the Netherlands (the ‘sliding scale’), so that, based on the criteria laid down in the judgments of the European Court of Human Rights (the ECtHR) of 2 August 2001, Boultif v Switzerland, CE:ECHR:2001:0802JUD005427300, and 18 October 2006, Üner v The Netherlands, CE:ECHR:2006:1018JUD004641099, a balance is struck between the interest of the family member concerned to exercise the right to family reunification in the Netherlands, on the one hand, and the interests of the Netherlands State to protect public order, on the other hand?
         
      (
         1
      )	Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).