Restrictions on the Right of Entry and the Right of Residence on Grounds of Public Policy, Public Security, or Public Health

Abstract

This chapter assesses the restrictions on the right of entry and the right of residence on grounds of public policy, public security, or public health. The secondary legislation adopted specifically to give precision to this exception was Directive 64/221, which continued to apply until it was repealed by Directive 2004/38. It set out the meaning of and limitations upon the right of Member States to exclude or expel EU citizens or their family members on grounds of public policy, public security, and public health. All EU citizens and their family members who move from their home Member State to another Member State are entitled to enter and reside unless the host Member State can establish that one of these three grounds applies. These exclusions are foremost among the ‘limitations’ referred to in Article 21 TFEU on citizenship of the Union.