WRITTEN QUESTION E-1830/02

by Graham Watson (ELDR) to the Commission

(27 June 2002)

Subject: Deportation of British subjects

Is the Commission aware of the actions of Cyprus with regard to the deportation of two British nationals? Does the EU Enlargement Directorate monitor the deportation process of Cyprus?

Answer given by Mr Verheugen on behalf of the Commission

(26 July 2002)

The Commission is aware of certain cases of deportation of British nationals in Cyprus and the Commission has had several exchanges of correspondence with the deportees.

The Commission wishes to stress that, as Cyprus is not a Member State, it is not bound by the Community legislation.

Nevertheless, once Cyprus becomes a full member of the Union, it will have to abide by Community Law and adapt its national law in order to respect the right to free movement of persons, including rules governing measures taken in order to restrict this right (e.g. expulsion).

The right to free movement of persons is a fundamental and individual right, which is conferred to each citizen of the Union by the Treaty establishing the European Community itself (Article 18). Restrictions to these rights are possible on grounds of public policy, public security or public health.

Measures (such as denial of entry or an expulsion order) taken by Member States on those grounds, however, may only be used in compliance with Council Directive 64/221/EC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health(1), which provides for certain safeguards and guarantees in order to limit the discretionary power of Member States in this respect. It aims to ensure that the fundamental right to free movement is protected, in accordance with the European Court of Justice case law, which has interpreted its provisions.

Measures taken on grounds of public order or public security have to be based exclusively on the personal conduct of the individual concerned and to be motivated by a present and sufficiently serious threat affecting one of the fundamental interests of society. They have to be applied in accordance with the principle of proportionality.

Within the context of the accession negotiations currently underway between Cyprus and the Union, the Commission monitors closely the process of alignment of Cypriot domestic legislation with Community law and Cyprus' capacity to implement this Community legislation. It will continue to do so to ensure that, by the time of accession, Cyprus fully complies with all aspects of Community law related to the Free Movement of Persons enshrined in the EC Treaty, and in accordance with the provisions of Council Directive 64/221/EC.

(1) OJ P 56, 4.4.1964.