Friday, August 24, 2007

Freedom of movement in the EU

As pointed out earlier, here, the medias and oppositions attack on the Human Rights legislation when criticising the decision to allow the killer of Headmaster Philip Lawrence to remain in Britain after his release was entirely misplaced. The 'culprit' in this case is the EU's freedom of movement rules, one of the more popular elements of the EU but only made possible by the Big Brother transnational daatabase of the Schengen Agreement. The latest rules were issue in 2004 and may be read in full from here, I quote what seem to me the most relevant portion in this case: (23) Expulsion of Union citizens and their family members on grounds of public policy or public security is a measure that can seriously harm persons who, having availed themselves of the rights and freedoms conferred on them by the Treaty, have become genuinely integrated into the host Member State. The scope for such measures should therefore be limited in accordance with the principle of proportionality to take account of the degree of integration of the persons concerned, the length of their residence in the host Member State, their age, state of health, family and economic situation and the links with their country of origin. 1 OJ 56, 4.4.1964, p. 850. Directive as last amended by Directive 75/35/EEC (OJ 14, 20.1.1975, p. 14). 30.4.2004 EN Official Journal of the European Union L 158/ _______________________________________________________________________________ 85 (24) Accordingly, the greater the degree of integration of Union citizens and their family members in the host Member State, the greater the degree of protection against expulsion should be. Only in exceptional circumstances, where there are imperative grounds of public security, should an expulsion measure be taken against Union citizens who have resided for many years in the territory of the host Member State, in particular when they were born and have resided there throughout their life. In addition, such exceptional circumstances should also apply to an expulsion measure taken against minors, in order to protect their links with their family, in accordance with the United Nations Convention on the Rights of the Child, of 20 November 1989. How is it possible that Government ministers (Home Office and Justice) and the media can be so ill informed on the rules by which we are governed? Gross incompetence the only answer.

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