Expelled EU Citizens may not Return Immediately

As surely every European knows, they can come in and out of the country as they please. Less known is that they are also subject to expulsion – even though the level is much higher. The BVerwG in Leipzig delivered a judgment (re 1 C 21.07) determining if and when expelled EU citizens may return to Germany.


In the reported case, a Frenchman was expelled by the city of Trier because he was convicted several times for offenses against property in 2004. When the new residency law came into force in 2005, it pretty much excludes the possibility to expel EU citizens. This French person had the idea that with the new law in force, his expulsion would be invalid and he could return to Germany.

The Bundesverwaltungsgericht held that the “old expulsion” still has validity. Nothing else is intended by domestic and European law. However, following the Act on Freedom of Movement (concerning EU citizens) the expulsion must be limited by time. This is also to applied to “old expulsions” – those which have been already served. This limitation must weigh the severity of the sentenced crimes against the high value of the European right of Freedom of Movement within the EU.

Published on the old CMS: 2008/1/2
Read on the old CMS till November 2008: 176 reads

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