The " expulsion orders" nell'interpretazione del CEDS (Com.eur.dir. soc., Conclusions

"The Committee refers to its statement of interpretation on expulsion orders (Conclusions XX-4 (2015), Statement of interpretation on Article 19§8), which specifies that such orders must have been issued by a court or a judicial authority, or an administrative body whose decisions are subject to judicial review; must only be ordered where the individual concerned has been convicted of a serious criminal offence, or has been involved in activities which constitute a substantive threat to national security, the public interest or public morality [...]

The Committee also refers to its statement of interpretation on the loss of migrant workers’ rights of residence because they have lost their job (Conclusions XIX-4 (2011), Statement of interpretation on Article 19§8): the loss of a migrant workers’ rights of residence cannot be extended to their family members’ independent rights of residence [...] the impossibility of expelling or removing a migrant worker must not place him or her in a situation of non-law. [...] The Committee notes that under Section 116, paragraphs 1 and 2 of the Law of 29 August 2008, expulsion is reserved for foreigners whose presence constitutes a serious threat to public order or safety or who reappear in the country in breach of an entry ban".

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#espulsione #lavoro #residenza