The Italian decree for the expulsion of delinquent Europeans is “borderline”!

(B2) By taking a facilitating the expulsion of European citizens not only for reasons of attack on State security but for any reason of public security, the Italian government of Romano Prodi (former President of the European Commission, however), under strong pressure from its opposition (Berlusconi's Forza Italia) seems to want to take some liberties with European rules on the free movement of people, which are very strict. It is not really the procedure which is in question but the imperative side of certain incriminations expressed in very general terms (attack on human dignity, fundamental rights).

When questioned, the European Commission prefers for the moment to stick to a laconic "As soon as the Italian government has notified this new law, the Commission will study its impact and its integrity vis-à-vis the obligations arising from Directive 2004/ 38". A little laconic for a fundamental freedom... It's the weekend but still!

For the record, it should be added that the 2004 directive (here) (+ corrective) lays down very specific rules on matters of public order, rules interpreted even more strictly by the Court of Justice. In summary :
1) The citizen of the Union or the member of his family may be expelled from the territory only for reasons of public order, security or public health.
2) Any measure concerning freedom of movement and residence must be based on the personal behavior of the subject.
3) The existence of criminal convictions cannot automatically justify such a measure.
4) The conduct must pose a sufficiently serious and present threat to a fundamental state interest. The expiration of the document having allowed the entry of the interested subject is not a reason which justifies the removal.
5) In any case, before taking a deportation decision, the host Member State will have to assess certain elements such as the length of residence of the person concerned, his age, his health, his social integration, his family situation in the host country as well as the links with the country of origin. It is only in exceptional circumstances, for imperative reasons of public security, that an expulsion measure may be taken against a citizen of the Union if he has resided in the host State for the ten years previous years or if he is a minor.
6) The decision to refuse entry or deportation must be notified to the person concerned. It must be motivated, and the means of appeal and the deadlines to be respected must be indicated therein. Except in an emergency, the period for leaving the territory may not be less than one month from the date of notification.
7) Under no circumstances may the inadmissibility measure be taken for life. The person concerned may submit a request for re-examination of his situation after a maximum of three years.

The Commission has also published a communication which is a bit dated (1999) but takes up in detail the numerous case law on this subject. Jurisprudences based on "European citizenship"; the Court recognizing that every citizen has the right to invoke Article 18 of the Treaty (see judgment Martinez Sala particular).

Nota bene: it is Berlusconi's former minister, now European commissioner, Franco Frattini who is responsible for enforcing this legislation.