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Stay protection for EU citizens is higher than for Turks

ECJ: Association Agreement provides no such right Luxembourg (jur). Turks can easily be expelled from Germany, as EU citizens. Serious reasons are sufficient ruled on Thursday 8 December 2011, the European Court of Justice (ECJ) in Luxembourg (case C-371/08). Then one remains Expulsion by Turks after repeated or particularly serious crimes probably still permissible.

The plaintiff was born as the son of Turkish parents in Germany. He has a Settlement permitWhich is a fixed residence permit under EU law. From 1998 he regularly consumed heroin and cocaine. Treatment with the substitute drug methadone was as unsuccessful as an inpatient drug treatment. After several convictions for violence and theft offenses was the Regierungspräsidium expel the Turks 2007th

However, he resisted having regard to the Association Agreement between Turkey and the EU. After that he enjoys the same protection stay in Germany as citizens from EU countries. But this could only be expelled for ‘imperative reasons of public security. ”

But according to the Association Agreement is the right of residence less, now the ECJ. Here is a “serious threat to public order, safety or health” from rich.

Whether the specific case is given, must now examine the Supreme Administrative Court of Baden-Württemberg in Mannheim.

The 6th Criminal Division of the Higher Regional Court on 26/08/2011 for the referral to the Probation released convicts selectivity changed so that the condemned during the Pope’s visit is not in Freiburg, but in time of 23 stop until 25.09.2011 in another, the Senate has given city.

The convicted Atilla Selek is the so-called “Sauerland process” in its support of a terrorist organization abroad Concomitance with preparation of an explosion at a crime Imprisonment been sentenced to five years. After serving more than four years’ imprisonment, the remaining sentence on 04.07.2011 has been suspended. The probation period has been set at five years. The probation order also stipulated that the offender should make his permanent home in Freiburg.

In view of the upcoming papal visit is to relieve the local police authorities have changed the instructions from the parole decision in consultation with the Attorney General, the convicted and the time for the defenders of the Pope’s visit.

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