K v Staatssecretaris van Veiligheid en Justitie; H.F. v Belgische Staat

European Union – Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling, deciding that art 27(2) of Directive (EC) 2004/38 should be interpreted as meaning that the fact that a Union citizen or a third-country national family member of such a citizen, who applied for a right of residence in the territory of a member state, had been the subject, in the past of a decision excluding him from refugee status under art 1F of the Convention Relating to the Status of Refugees or art 12(2) of Directive (EU) 2011/95 did not enable the competent authorities of that member state to consider automatically that the mere presence of that person in its territory constituted, whether or not there was any risk of re-offending, a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, capable of justifying the adoption of measures taken on grounds of public policy or public security.

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