Can an EU citizen be prevented from entering another member state?
This doesn't apply to any real scenario but it's just a hypothetical. I was watching a border security show (UK Border Force) and in one episode a Polish gentleman who had a criminal record for petty theft and was a suspect in an armed robbery of a jeweler store was not allowed entry into the UK as he was believed to pose a danger to public security.
I would have believed that EU citizens are entitled to live/work in other member states (even with a criminal record) as it's part of the four freedoms but I've heard that an exception can apply if an immigration officer believes they will engage in serious criminal activity during their stay. What is the truth in this?
Best Answer
It is possible to refuse entry but the standard EU member states may apply is much higher than for other categories of non-citizens. It is only possible to deny entry to an EU citizen and their immediate family if they are deemed a threat to public policy, public security or public health.
That might sound broad but it is pretty restrictive and the courts have also interpreted it that way. In particular, it is not possible to deny entry merely because someone has a criminal record, fails to meet a good morals requirement or their presence is not seen as benefiting society. To refuse entry, a person must pose a current threat. Obviously, if your criminal record shows a recent string of related crimes, the inference that you might still pose a threat is not far fetched and that might be enough to deny entry and make sure the decision is upheld by the courts but the legal argument is quite different.
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