CELEX: E2020P0002
Language: en
Date: 2020-04-03 00:00:00
Title: Request for an Advisory Opinion from the EFTA Court by Borgarting Lagmannsrett dated 3 April 2020 in the case of The Norwegian Government v L (Case E-2/20) 2020/C 234/03

16.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/3
            
         
      Request for an Advisory Opinion from the EFTA Court by Borgarting Lagmannsrett dated 3 April 2020 in the case of The Norwegian Government v L
      (Case E-2/20)
      (2020/C 234/03)
      A request has been made to the EFTA Court dated 3 April 2020 from Borgarting Lagmannsrett (Borgarting Court of Appeal), which was received at the Court Registry on 3 April 2020, for an Advisory Opinion in the case of The Norwegian Government v L on the following questions:
      
                  1.
               
               
                  Is recital 27 of the preamble to Directive 2004/38/EC to be interpreted as meaning that expulsion of an EU/EEA national together with a permanent exclusion order is contrary to Directive 2004/38/EC, even if the person in question has the possibility under Article 32(1) of applying to have the exclusion order lifted?
               
            
                  2.
               
               
                  How are the words ‘material change’ in Article 32(1) to be understood when the expulsion is based on personal characteristics of the EU/EEA national?
               
            
                  3.
               
               
                  If it is assumed that the personal characteristics of the EU/EEA national justifying the expulsion will not change, will expulsion together with a permanent entry prohibition in such cases be contrary to Directive 2004/38/EC?
               
            
                  4.
               
               
                  How is the requirement in Article 27(2), under which expulsion must be a proportionate measure, to be understood in relation to the expulsion of an EU/EEA national together with a permanent entry prohibition when the person in question has a family and children in the country from which s/he is being expelled? Does the Directive preclude expulsion together with a permanent entry prohibition in such cases?
               
            
                  5.
               
               
                  How much weight should be attached to the absence of criminal offences whilst serving a sentence and positive development following release on probation in the determination of whether there is ‘a genuine, present and sufficiently serious threat’ as referred to in Article 27(2)?