01949nas a2200229 4500008004100000022001400041245007000055210006400125300001000189490000700199520126800206653001001474653001901484653001401503653001801517653001401535653001801549100001801567700002101585700002301606856009001629 2021 eng d a2300-168200aLegal Approaches to ‘Unwanted’ EU Citizens in the Netherlands0 aLegal Approaches to Unwanted EU Citizens in the Netherlands a35-530 v103 a

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.

 

10aabuse10aEU citizenship10aexpulsion10afree movement10aresidence10asocial rights1 aMantu, Sandra1 aMinderhoud, Paul1 aGrütters, Carolus uhttps://www.ceemr.uw.edu.pl/content/legal-approaches-unwanted-eu-citizens-netherlands