Brief blog

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 referred to 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 in 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 “public order” ou “public safety” contained in Directive 2004/38 which allow a Member State to adopt provisions restricting the free movement of these people, asks the Romanian Court? And can Member States restrict the freedom of movement and residence of European Union nationals for reasons “public order” and "public security" automatically, without analyzing the "behavior" of the person involved?

Note: we can note that, in the past, case law has always taken a dim view of any restriction on the free movement of people in the EU and appreciated, in a very restrictive manner, any restriction on this principle, even based on for so-called reasons of public order.


Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).