By judgment of 14 July 2008, the Verwaltungsgericht dismissed that action, considering that there were imperative grounds of public security and that Mr I.’s conviction revealed personal conduct which gave rise to fears of a present, genuine and sufficiently serious threat to one of the fundamental interests of society, namely to protect girls and women from sexual assault and rape. lodged an appeal against that judgment before the Oberverwaltungsgericht für das Land Nordrhein-Westfalen, which decided to stay proceedings and refer the following question to the Court of Justice for a preliminary ruling: ‘Does the term “imperative grounds of public security” contained in Article 28(3) of Directive 2004/38/EC cover only threats posed to the internal and external security of the State in terms of the continued existence of the State with its institutions and important public services, the survival of the population, foreign relations and the peaceful co-existence of nations?
’ By its question, the national court is asking, in essence, whether acts of sexual abuse of a 14 year old minor, sexual coercion and rape committed within the family constitute imperative grounds of public security which may justify the expulsion of a Union citizen who has lived for more than 10 years on the territory of the host Member State.
Opinion of Mr Advocate General Bot delivered on 6 March 2012. The Court is asked to rule whether that provision is to be interpreted as meaning that sexual abuse of a 14 year old minor, sexual coercion and rape are covered by the concept of imperative grounds of public security.
In this opinion, I shall explain the reasons why I consider that Article 28(3)(a) of Directive 2004/38 is to be interpreted as meaning that sexual abuse of a 14 year old minor, sexual coercion and rape are not covered by the concept of imperative grounds of public security where those acts do not directly threaten the calm and physical security of the population as a whole or a large part of it.Mr I., an Italian national, was born on 3 September 1965 in Licata, Italy. In April 1987 he was granted a residence permit, which has been extended periodically. He has never gained a school-leaving certificate or professional qualifications and has been employed in Germany only occasionally in simple, unskilled jobs. netdating for unge Stevns Prior to his imprisonment, he worked most recently helping out his former partner, who was a cleaner. has five siblings, some of whom live in Germany and some of whom live in Italy.()states that illicit drug trafficking poses a threat to health, safety and the quality of life of citizens of the European Union, and to the legal economy, stability and security of the Member States.() The Court then explained, after stating that drug addiction represents a serious evil for the individual and is fraught with social and economic danger to mankind, that such trafficking could reach a level of intensity that might directly threaten the calm and physical security of the population as a whole or a large part of it.
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That rule does not apply to minors where loss of the right of residence is necessary in the minor’s interest.Imperative grounds of public security can exist only if the person concerned has been sentenced by a binding judgment to imprisonment or youth custody of at least five years for one or more intentional criminal offences or a preventive detention order was made at the time of the last binding conviction, if the security of the Federal Republic of Germany is affected, or if the person concerned gives rise to a terrorist risk.Accordingly, under Article 27(1) of the directive, Member States may restrict the right of movement and residence of Union citizens on grounds of public policy, public security or public health, excluding grounds invoked to serve economic ends.) Previous criminal convictions shall not in themselves constitute grounds for taking such measures.( The question now is whether a crime such as that committed by Mr I., namely sexual abuse of a 14 year old minor, sexual coercion and rape within the family, may also fall within the scope of the concept of imperative grounds of public security, even though it is an act carried out alone, independently of any participation, by its perpetrator, in any network.
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