Court tilts for a ban on entry for criminals thanks to toddler

Court tilts for a ban on entry for criminals thanks to toddler

Main-Spessart, Deutschland - A current case from Lohr shows how complicated the legal framework for entry and staying of EU citizens in Germany. The Würzburg Administrative Court has decided that a 35-year-old man from Gleiwitz, Poland, should not be denied in Germany despite his criminal past. The case of the man, who was present in the negotiation together with his wife and 13 month old son, raises interesting questions about freedom of movement, which is of central importance for Union citizens. As the main post Immigration authority Aschaffenburg to the Poland with the residence permit and the right to entry for two years.

critics argue that search stringent measures should take precedence in cases involving individuals with serious criminal backgrounds. But the hurdles for such an exclusion are high. After all, the right to freedom of movement plays an important role that has been valid for all Union citizens since the introduction of the EU Directive 2004/38/EC. According to eu-lex.europa.eu , EU citizens who have a valid ID card or passport, without visa in others Member States to travel and stay there.

The child in the focus of the decision

A very special detail in this case is the behavior of the little son, who repeatedly called "tented" during the negotiation, which the father interpreted as "Tata". Apparently the presence and child innocence had an impact on the court's judgment. The court decided that the binding of the family and in particular the needs of the child are essential. This is in accordance with the argument that also moving-up family members in accordance with the bamf are already defined in EU law.

According to the EU Legislation, it is possible for citizens from the EU member states, the EEA or Switzerland to travel to Germany without visa and settle there as long as they meet the necessary conditions. This includes, for example, proof of sufficient financial resources or health insurance for longer stays. The judge pointed out that integration into German society can also be guaranteed by the man of the man.

challenges due to freedom of movement

The decision of the Administrative Court impressively shows what challenges arise from the freedom of movement within the EU. It is a balancing act between the rights of EU citizens who want to live in Germany in Germany in accordance with Article 1 of the Free Movement Act, and the legal possibilities for refusing to reserve for reasons of public security and order.

at a time when the topic of migration and stay is in the political discussion, it is important that the legal foundations such as Directive 2004/38/EC, which regulates the right of residence and the freedom of movement, are also understood in a national context. This also makes it clear to which cases the right of residence can be blocked without violating the principles of the EU.