Home / Summaries / WS5 Free Movement of Workers - Right of Entry and to Reside (Article 45(1)) / ms-uk-nationals

STEP 4: Justifications (exceptions) for deportation/expulsion from a MS - Directive 2004/38 builds on

5 important questions on STEP 4: Justifications (exceptions) for deportation/expulsion from a MS - Directive 2004/38 builds on

Explain why the dutch national in (Van Duyn) was refused entry (excluded) into the UK on grounds of public security?

A Dutch national was refused entry into the UK to work for the Church of Scientology because the group's activities were considered socially harmful. The activities do not need to be illegal, but 'socially harmfully'.

Does a previous criminal conviction constitute sufficient grounds for exclusion/deportation under (art. 27(2))?

Previous criminal convictions do not in themselves constitute grounds for excluding or deporting a migrant worker UNLESS it constitutes a 'present' and 'genuine and sufficiently serious threat' to the 'fundamental interests of society.

Explain how the above on previous criminal convictions was confirmed in(R v Bouchereau)?

A French national working in the UK was convicted of unlawful possession of drugs. He also committed the same offence in the past. This was not sufficiently serious to public policy.

Explain how an individual can be excluded/deported on grounds of public health?

The person has a dangerous disease with 'epidemic potential'.

Is a MS allowed to refuse residence to a non-national where the MS does not adopt the same rules against its own nationals (Adoui and Cornuaille)?

A MS cannot exclude/deport a non-national where the MS did not adopt the same 'repressive measures' against its own nationals. In (Adoui) Belgium refused residence permits to French nationals who worked as prostitutes even though there was no Belgian law prohibiting prostitution.

a PDF, study it super fast

No sign up, email or credit card needed!
AI makes unlimited flashcards
Get unlimited quizzes and tests
Ask AI anything

Create a notebook

No sign up, email or credit card needed!
Have and keep perfect overview
Make flashcards, notes and mind maps
Review, test and score!

The question on the page originate from the summary of the following study material:

WS5 Free Movement of Workers - Right of Entry and to Reside (Article 45(1))

View summary

A unique study and practice tool
Never study anything twice again
Get the grades you hope for
100% sure, 100% understanding

Remember faster, study better. Scientifically proven.

STEP 4: Justifications (exceptions) for deportation/expulsion from a MS - Directive 2004/38 builds on

5 important questions on STEP 4: Justifications (exceptions) for deportation/expulsion from a MS - Directive 2004/38 builds on

Explain why the dutch national in (Van Duyn) was refused entry (excluded) into the UK on grounds of public security?

Does a previous criminal conviction constitute sufficient grounds for exclusion/deportation under (art. 27(2))?

Explain how the above on previous criminal convictions was confirmed in(R v Bouchereau)?

Explain how an individual can be excluded/deported on grounds of public health?

Is a MS allowed to refuse residence to a non-national where the MS does not adopt the same rules against its own nationals (Adoui and Cornuaille)?

Try our study magic for free

Upload a PDF, study it super fast

WS5 Free Movement of Workers - Right of Entr…

WS2 Overview of the Unregistered System

WS3 The Registered System

WS4 Co-ownership

WS7. Actions against trustees and fiduciaries

WS1 - Introduction to wills, trusts and diff…

WS2 - How to make valid gifts and create tru…

WS3 Certainty of Objects and the Beneficiary…

8. Actions against third parties

WS6. Running a trust. Fiduciary duties.

WS5. Running Trust

WS1 Article 267 Procedure

a PDF, study it super fast