Expulsion decisions — mutual recognition by EU countries

KEY POINTS

• The expulsion orders apply to non-EU citizens who:
  • constitute a serious and present threat to public order or to national security and safety;
  • have been convicted of an offence that carries a minimum one-year prison sentence;
  • are believed, on the basis of serious grounds or solid evidence, to have committed, or intend to commit, such offences;
  • fail to comply with national entry or residence rules.
• If the individual concerned has a valid residence permit, the country imposing the expulsion must consult the country which issued the permit.
• EU countries applying the legislation must:
  • respect human rights and fundamental freedoms;
  • ensure the individual concerned can appeal against the expulsion order;
  • protect personal data and data security;
  • use all appropriate forms of cooperation and information exchange to implement the legislation;
  • compensate each other for financial costs involved. The arrangements are set out in Council Decision 2004/191/EC
• The country issuing the expulsion order must provide the country enforcing it with all the necessary documents as quickly as possible.
• The country enforcing the decision must ensure this does not violate the relevant international or national rules.
• The legislation does not apply to family members of EU citizens.
• Council Directive 2003/110/EC sets out the transit arrangements for illegal non-EU residents removed by air via another EU country.
• Directive 2008/115/EC sets common standards and procedures for returning non-EU nationals that stay illegally.
• Regulation (EU) No 604/2013 (Dublin III Regulation) lays down the criteria and procedures to determine which EU country is responsible for examining an asylum application.
• In September 2005, the Council of Europe issued 20 guidelines on forced returns.