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*Law of Aliens

Published on June 5th, 2018 | by Georgia Archonti

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CJEU Judgment: Joined Cases C-331/16 and C-366/16, 2 May 2018

On 2 May 2018, the CJEU ruled in Joined Cases C-331/16 and C-366/16. In this ruling, the CJEU found that the fact that a person has been the subject, in the past, of a decision excluding him from refugee status cannot automatically permit the finding that the mere presence of that person in the territory of the host Member State constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.

A case-by-case assessment is necessary before a measure based on grounds of public policy or public security is adopted. This assessment must be based on the personal conduct of the individual concerned, taking into consideration the findings of fact in the decision to exclude that individual from refugee status, particularly the nature and gravity of the crimes or acts that he is alleged to have committed, the degree of his individual involvement in them, whether there are any grounds for excluding criminal liability, and whether or not he has been convicted. It must also take account of the time that has elapsed since the date when the crimes or acts were allegedly committed and the individual’s subsequent conduct, particularly in relation to whether that conduct reveals the persistence in him of a disposition hostile to the fundamental values of the EU, capable of disturbing the peace of mind and physical security of the population.

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