The 2004 Citizens Directive
2. Chapter V1 of the Directive 2004/38/EC (“the Citizens Directive”) is concerned with ‘ Restrictions on the right of entry and the right of residence on grounds of public policy, public security and public health ’. Articles 27 and 28 deal with the substantive conditions that must be satisfied before a Member State may restrict the freedom of movement and residence of EU citizens and their family members falling within the scope of the Directive. In summary, they permit a Member State to expel EU citizens and their family members on grounds of public policy, public security or public health, subject to certain restrictions. So far as material, Articles 27 and 28 provide:
- JUDGE STOREY
- Kiarie, R (On the Application Of) and Another v The Secretary of State for the Home Department
- Kiarie and Byndloss
- The 2004 Citizens Directive
- Article 27
- Article 28
- Article 31
- The 2006 EEA Regulations
- Home Office Guidance
- The application
- The statutory appeal
- The decision under challenge
- The grant of permission
- Department
- The grounds
- Macastena
- Kiarie & Byndloss
- ANALYSIS
- udicial redress
- Suspensive effect
- The regulation 24AA test
- ground
- Regulation 24AA as a discretionary power
- Regulation 24AA as a temporary measure tied to the appeals process
- in-time appeal:
- The proportionality issue
- Kiarie & Byndloss
- The right of “defence” in person and regulation 29AA
- Meaning of Exclusion
- Right to be heard
- Ahmed, R (on the application of) v Secretary of State for the Home Department (EEA/s 10 appeal rights: effec
- Khaled Boudjlida
- EU:C2010:146
- EU:C:2013:588
- Pecastaing v Belgium
- case
- THE APPLICANT’S CASE
- Kiarie and Byndloss
- JR (in the application of) v Secretary of State for the Home Department
- Ukus
- Annex A
- Note:
- Human rights considerations and interim orders to suspend removal
- here