The Bad Citizen and EU Law (Het uitzetten van EU onderdanen)
Posted on August 30, 2017 by mkp Arranz (EEA Regulations – Deportation – Test: Spain) [2017] UKUT 294 (IAC) (22 August 2017) Over the years, the CJEU has carved out a special status for those bad EU citizens whose extreme crimes totally transgress the laws of the host member state. For example, in Dimitry Kochenov ’s excellent new book EU Citizenship and Federalism: The Role of Rights , Loïc Azoulai advances a formidable analysis by exposing the dichotomy between “good citizen” cases such as Carpenter ( C-60/00 ) and Zambrano ( C-34/09 ) and “bad citizen” cases such as P.I. ( C-348/09 ) who sexually abused his partner’s daughter and M.G. ( C-400/12 ) who was convicted of child abuse. Indeed, as Azoulai explains, there is an element of Dr Jekyll and Mr Hyde in the picture and bad citizens symbolise “the unavailability of each and every mode of integration into society”. In Tsakouridis ( C-145/09 ), the CJEU held that organised crime representing “a serio...