Legal Approaches to ‘Unwanted’ EU Citizens in the Netherlands

This contribution examines the legal powers that Dutch authorities have to restrict the right to free movement of mobile but ‘unwanted’ EU citizens, including measures that seek to expel and ban EU citizens from re-entering the Netherlands. The article defines ‘unwanted’ EU citizens as mobile EU citizens in respect of whom national authorities seek to take measures to restrict their right of residence, either on the grounds of their being an unreasonable burden on the Dutch social assistance system or in respect of public policy and public security. We analyse the relevant EU legal rules, thei... Mehr ...

Verfasser: Sandra Mantu
Paul Minderhoud
Carolus Grütters
Dokumenttyp: Artikel
Erscheinungsdatum: 2021
Reihe/Periodikum: Central and Eastern European Migration Review, Vol 10, Iss 1, Pp 35-53 (2021)
Verlag/Hrsg.: Centre of Migration Research
University of Warsaw
and Polish Academy of Sciences
Schlagwörter: eu citizenship / free movement / residence / expulsion / social rights / abuse / Colonies and colonization. Emigration and immigration. International migration / JV1-9480 / City population. Including children in cities / immigration / HT201-221
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-29171671
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://doi.org/10.17467/ceemr.2021.07

This contribution examines the legal powers that Dutch authorities have to restrict the right to free movement of mobile but ‘unwanted’ EU citizens, including measures that seek to expel and ban EU citizens from re-entering the Netherlands. The article defines ‘unwanted’ EU citizens as mobile EU citizens in respect of whom national authorities seek to take measures to restrict their right of residence, either on the grounds of their being an unreasonable burden on the Dutch social assistance system or in respect of public policy and public security. We analyse the relevant EU legal rules, their interpretation by the Court of Justice of the EU and their national implementation and application in order to show the legal constraints faced by national authorities when seeking to restrict EU mobility. This legal study is supplemented by a discussion of existing data on the number of EU citizens expelled or removed from the Netherlands. Our analysis suggests that, due to the legal protection enjoyed by mobile EU citizens against measures restricting their residence rights, the Dutch authorities encourage voluntary departure as a pragmatic solution to the presence of ‘unwanted’ EU citizens.