Expulsion of EU Citizens

The BVerwG ruled on August 3, 2004 (re 1 C 30.02) that EU-citizens can only be expelled upon a discretionary decision by the office for foreigners (§6 FreizügG).

This means that any law obliging the German authorities to expel somebody without weighing the pros and cons of the case does not apply to Europeans. The court will rule on the case based upon the facts at the time of the last trial of the first instance. In case substantial new facts emerge, the court must grant the foreigners office  time to bring their decision up to date.

Published on the old CMS: 2006/7/16
Read on the old CMS till November 2008: 1,214 reads

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