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This case, which must be read in conjunction with Case C-165/14 involves the possibility to expel from the territory of a Member State a third-country national who is the primary carer of an EU national and has been convicted of a criminal offences. According to the Grand Chamber, Article 20 TFEU must be interpreted as precluding legislation of a Member State which requires a third-country national who has been convicted of a criminal offence to be expelled from the territory of that Member State to a third country notwithstanding the fact that that national is the primary carer of a young child who is a national of that Member State, in which he has been residing since birth without having exercised his right of freedom of movement, when the expulsion of the person concerned would require the child to leave the territory of the European Union, thereby depriving him of the genuine enjoyment of the substance of his rights as a Union citizen. However, in exceptional circumstances a Member State may adopt an expulsion measure provided that it is founded on the personal conduct of that third-country national, which must constitute a genuine, present and sufficiently serious threat adversely affecting one of the fundamental interests of the society of that Member State, and that it is based on consideration of the various interests involved, matters which are for the national court to determine.

Case Number C-304/14

Name of the parties Secretary of State for the Home Department v CS

Date of the judgement 2016-09-13

Court Court of Justice of the EU (Grand Chamber)


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