The expulsion of the Roma submitted to the Court

(B2) The situation of Roma originating from Romania and expelled to their country by certain countries of the European Union will have to be decided by the court. In a dispute between Gheorghe Jipa and the Romanian Ministry of the Interior (general directorate of passports in Bucharest), the Court was seized of several questions for a preliminary ruling (Case C-33/07). The question is whether Article 18 of the EC Treaty precludes the provisions applicable in Romania which limit the free movement of Romanian nationals abroad or on the territory of another Member State.
An agreement had, in fact, been concluded between Romania and the Benelux governments (Belgium, Luxembourg and the Netherlands), for the readmission of people in an irregular situation. Is there any reason "of public order" ou "public safety" contained in Directive 2004/38 which allow a Member State to adopt provisions restricting the free movement of such persons, wonders the Romanian Court? And can Member States restrict the freedom of movement and residence of EU nationals for reasons "of public order" as well as "public security" automatically, without analyzing the "behavior" of the person involved?

Note: it may be noted that, in the past, case law has always taken a dim view of any restriction on the free movement of persons within the EU and assessed, in a very restrictive manner, any restriction on this principle, even based on so-called reasons of public order.

(NGV)