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Mutual recognition of expulsion decisions

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Mutual recognition of expulsion decisions

The objective of this Directive is to ensure more effective cooperation between the Member States by granting mutual recognition to expulsion decisions.

ACT

Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals.

SUMMARY

In order to put in place an area of freedom, security and justice, the Council must draw up a common European policy relating to asylum and immigration. While meeting the requirements flowing from the Convention implementing the Schengen Agreement, the purpose of this Directive is to make possible the recognition of an expulsion decision issued in one Member State (issuing Member State) against a third country national present within the territory of another Member State (enforcing Member State).

This Directive applies to expulsion decisions based on:

  • Serious and present threat to public order or to national security (such as a conviction for an offence punishable by a penalty involving deprivation of liberty of at least one year);
  • Failure to comply with national rules on the entry or residence of aliens.

In all cases, Member States ensure respect of human rights and fundamental liberties. In addition this Directive applies without prejudice to the provisions of the Dublin Convention and readmission agreements.

Nationals of third countries must be able to appeal the expulsion order.

Files containing personal data on third country nationals must be used only for the purposes of this Directive. In order to protect persons against any abuse of personal data, Parliament and Council Directive 95/46/EC of 24 October 1995 will be applied.

The Member States undertake to adopt all measures guaranteeing the exchange of information and effective cooperation. Where the enforcing state has implemented the expulsion decision, it will inform the issuing Member State.

The Council undertakes to adopt before 2 December 2002, the practical arrangements to compensate for the financial imbalances which could result from the application of this Directive.

Measures adopted by the Member States with a view to implementing this Directive must be communicated to the Commission.

In accordance with the protocol on the positions of the United Kingdom, Ireland and Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom has signalled its willingness to participate in the adoption and application of this Directive. Denmark is not participating in the adoption of the Directive. Moreover, given that this Directive constitutes a development of the Schengen acquis, it will apply to the Republic of Iceland and the Kingdom of Norway.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 2001/40/EC

02.06.2001

02.12.2002

OJ L 149 of 02.06.2001

RELATED ACTS

Council Decision of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals [Official Journal L 60 of 27 February 2004]. This Decision sets out criteria and practical arrangements for the compensation of any financial imbalances which may result from the application of Council Directive 2001/40/EC where expulsion cannot be effected at the expense of the national(s) of the third country concerned. Member States must compensate each other for any financial imbalances which may result from the mutual recognition of decisions to expel third country nationals. The Decision defines the criteria and practical arrangements for the compensation of financial imbalances and is based on the principle that the issuing Member State (making the decision) reimburses the enforcing Member State on the basis of the actual costs, as regards transport, administration and accommodation.

Last updated: 03.12.2007

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