( The question now is whether a crime such as that committed by Mr I., namely sexual abuse of a 14 year old minor, sexual coercion and rape within the family, may also fall within the scope of the concept of imperative grounds of public security, even though it is an act carried out alone, independently of any participation, by its perpetrator, in any network.
’ By its question, the national court is asking, in essence, whether acts of sexual abuse of a 14 year old minor, sexual coercion and rape committed within the family constitute imperative grounds of public security which may justify the expulsion of a Union citizen who has lived for more than 10 years on the territory of the host Member State.Paragraph 6(3) of the Freizüg G/EU states that, for the purposes of an expulsion decision, it is necessary to take account of considerations such as how long the individual concerned has resided on German territory, his/her age, state of health, family and economic situation, social and cultural integration in Germany and the extent of his or her links with their country of origin. Single niesky According to Paragraph 6(5) of the Freizüg G/EU, so far as concerns Union citizens and also members of their family who have resided in Germany for the last 10 years, the determination under Paragraph 6(1) of the Freizüg G/EU may be made only on imperative grounds of public security.Moreover, the personal conduct of the individual subject to an expulsion decision must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.( Article 28(3)(a) of Directive 2004/38, concerning protection against expulsion, is worded as follows: ‘An expulsion decision may not be taken against Union citizens, except if the decision is based on imperative grounds of public security, as defined by Member States, if they: ) transposes the provisions of Directive 2004/38 into the German legal order.
Seriose sex dating seiten Remscheid
()states that illicit drug trafficking poses a threat to health, safety and the quality of life of citizens of the European Union, and to the legal economy, stability and security of the Member States.() The Court then explained, after stating that drug addiction represents a serious evil for the individual and is fraught with social and economic danger to mankind, that such trafficking could reach a level of intensity that might directly threaten the calm and physical security of the population as a whole or a large part of it.By decision of , the Oberbürgermeisterin der Stadt Remscheid declared forfeit Mr I.’s right to enter and reside pursuant to Paragraph 6(1) of the Freizüg G/EU, on the ground that, as a consequence of his conviction, the applicant satisfied the requirements laid down in Paragraph 6(5) of the Freizüg G/EU and that, moreover, he had acted with considerable energy and caused his victim endless suffering through abuse lasting many years.Furthermore, the Oberbürgermeisterin der Stadt Remscheid considers that the possibility that he would re-offend could not be ruled out, since he had regularly raped and sexually coerced his victim over a long period, and showed a continuing lack of remorse.Opinion of Mr Advocate General Bot delivered on 6 March 2012. The Court is asked to rule whether that provision is to be interpreted as meaning that sexual abuse of a 14 year old minor, sexual coercion and rape are covered by the concept of imperative grounds of public security.
Freedom of movement for persons - Directive 2004/38/EC - Article 28(3)(a) - Expulsion decision - Criminal conviction - Imperative grounds of public security. ‛Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Protection against expulsion — Concepts of ‘public policy’ and ‘public security’ — Concept of ‘imperative grounds of public security’ — Criminal conviction for sexual abuse of a 14 year old minor, sexual coercion and rape’ That provision states that an expulsion decision may be taken against a Union citizen who has resided on the territory of the host Member State for the previous 10 years only on imperative grounds of public security.
This directive consolidated and simplified the relevant Union legislation.
It removes the obligation of Union citizens to obtain a residence permit, introduces a right of permanent residence for those citizens and limits the possibility for Member States to restrict residence within their territory of the nationals of other Member States.
Since his arrest his mother has lived partly in Germany and partly in Italy. to a term of imprisonment of a total of seven years and six months for sexual abuse of a 14 year old minor, sexual coercion and rape.
That judgment has been definitive since 28 October 2006. The victim, the daughter of Mr I.’s former partner, was eight years’ old when they started. compelled her to perform regular sexual intercourse or other sex acts on an almost weekly basis, by threatening inter alia to kill her mother or brother.