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Protection Against Expulsion: Article 12

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Chapter Summary

The two fundamental questions in this chapter are the following: (i) on what grounds may a third-country national long-term resident be expelled? (ii) What are the factors that have to be taken into account before expelling that third-country national? In order to answer these questions the chapter first looks at Article 12, which provides for the possibility of expelling status-holders under certain circumstances, and investigates the limitations to that possibility of expulsion under the Directive. The chapter scrutinises how the Commission's proposal was worded and how Directive 2004/38 differs from Directive 2003/109 with regard to the expulsion of European citizens. It refers to Directive 64/221 as most of the case law on EU citizens is based on this Directive. The chapter explores how the CJEU could interpret the similar, but slightly divergent, provisions under both Directives. It focuses on the Court's prior case law on Turkish citizens.

Keywords: Article 12; CJEU; Directive 2004/38; European citizens; expulsion



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