Suche
Mein Konto
Court overturns entry ban for criminal Poles thanks to toddler
Lohr Administrative Court lifts entry ban against Polish father; Decision takes into account the well-being of his one-year-old son.
Court overturns entry ban for criminal Poles thanks to toddler
A current case from Lohr shows how complicated the legal framework for the entry and stay of EU citizens in Germany is. The Würzburg Administrative Court has ruled that a 35-year-old man from Gleiwitz, Poland, cannot be denied residence in Germany despite his criminal past. The case of the man, who was present at the trial with his wife and 13-month-old son, raises interesting questions about freedom of movement, which is of central importance to EU citizens. As the Main Post reported that the Aschaffenburg immigration authority has revoked the Pole's residence permit and the right to enter the country for two years.
Critics argue that such stringent measures should take precedence in cases involving individuals with serious criminal backgrounds. But the hurdles for such an exclusion are high. Finally, the right to freedom of movement, which has applied to all EU citizens since the introduction of EU Directive 2004/38/EC, plays an important role. Loud eur-lex.europa.eu EU citizens who have a valid identity card or passport are entitled to travel to and stay in other Member States without a visa.
The child is the focus of the decision
A very special detail in this case is the behavior of the little son, who repeatedly shouted “Tetete” during the trial, which the father interpreted as “Tata”. Apparently the child's presence and innocence had an influence on the court's verdict. The court ruled that family bonding and, in particular, the child's needs are essential. This is in line with the argument that following family members are also eligible under the BAMF are already defined in EU law and therefore enjoy rights to freedom of movement.
According to EU legislation, it is possible for citizens from EU member states, the EEA or Switzerland to enter and settle in Germany without a visa 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's family.
Challenges posed by freedom of movement
The administrative court's decision clearly shows the challenges that arise from freedom of movement within the EU. It is a balancing act between the rights of EU citizens who want to live in Germany under Article 1 of the EU Freedom of Movement Act and the legal options for refusing residence for reasons of public security and order.
At a time when the topic of migration and residence is being discussed politically, it is important that the legal foundations such as Directive 2004/38/EC, which regulates the right of residence and freedom of movement, are also understood in the national context. This also makes it clear in which cases the right of residence can be blocked without violating the principles of the EU.