Court of Justice 29 April 2004, C-482/01 and C-493/01 (Georgios Orfanopoulos and Others (C-482/01) and Raffaele Oliveri (C-493/01) v Land Baden-Württemberg.)

Also known as

The Court of Justice ruled that Article 39 EC and Directive 64/221/EEC preclude national legislation requiring the mandatory expulsion of Union citizens based on specific criminal convictions without an individualized assessment of personal conduct and the presence of a current threat to public policy. The judgment establishes that national courts must consider factual developments occurring after an administrative expulsion decision and that Member States must provide procedural safeguards, including an examination of the measure's expediency by an independent authority. Furthermore, any expulsion of a long-term resident must balance public policy interests against fundamental rights, specifically the protection of family life under Article 8 of the European Convention on Human Rights.AI