Expulsion of EU citizens from another Member State in the recent jurisprudence of the European Court of Justice II.

Abstract

Aim: The aim of this study is to examine the direction in which the European Court of Justice can further develop its case law on expulsion decisions by Member State authorities in response to the new challenges facing European integration (including, in particular the practical difficulties arising from the completion of the Area of Freedom, Security and Justice and the divergent case law of the European Court of Justice).
Methodology: Based on the most recent case law of the European Court of Justice, the study examines the areas in which it seems necessary for the Court to give interpretative decisions in the context of a prelimiray ruling procedure. The study is primarily based on actual (Member State) case law and its difficulties.
Findings: The concept of a territorially united Europe is a necessary corollary to the completion of the Area of Freedom, Security and Justice. While the case law of the European Court of Justice on EU citizenship aims in many respects to strenghten this status (and, at the same time, to weaken Member States’ regulatory power) there is at least a partly opposite trend in the assessement of Member States’ expulsion policy under EU law. The study examines how the European Court of Justice can reconcile the federalising concept of EU citizenship with an expulsion policy based on sovereignity and the impact of all this on the unifying and expanding concept of EU citizenship.
Value: The topic examined in the study has not been examined in the Hungarian literature before, the study is based on the latest case law of the European Court of Justice. The value of the study is that it attempts to identify the areas where the European Court of Justice may need to develop its case law in the near future to ensure the effective enforcement of EU law. The study can also provide guidance to domestic legislators and law enforcement agencies in this field.