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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.

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

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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)?

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