Hungarian Yearbook of International Law and European Law

Miscellaneous

Expulsion of EU Citizens from Another EU Member State in the Recent Case Law of the CJEU

Keywords EU citizenship, public security, social integration, good market citizen, Area of Freedom Security and Justice
Authors Laura Gyeney
Author's information

Laura Gyeney
Laura Gyeney: associate professor of law, Pázmány Péter Catholic University, Budapest.
  • Abstract

      The concept of a territorially united Europe is a necessary corollary to the completion of the Area of Freedom, Security and Justice (AFSJ). While the case law of the CJEU on EU citizenship in many respects aims to strengthen this status (and, at the same time, to weaken Member States’ regulatory power) there is at least a partly opposite trend in the assessment of Member States’ expulsion policy under EU law. This line of cases emphasizes not only the traditional role of the Janus-faced concept of social integration, which bolsters the exercise of rights, but also its role as a justification for the restriction of rights. This article examines how the CJEU can reconcile the federalizing concept of a new citizenship with an expulsion policy based on sovereignty and how all of this impacts the unifying and expanding concept of EU citizenship.

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