The expulsion measure of the third-country citizens that have long-term residence permit in Spain can’t be adopted in an automatic way as a consequence of a criminal conviction
Date19 Dec 2017/
CategoriesCriminal Law, VISAs and Immigration Law
Two criminal convictions, of twelve and three months or prison, where imposed a Colombian citizen with long-term residence permit in Spain. In consequence an administrative case file of expulsion was opened, and the Government Delegation of Navarra adopted an expulsion order against him. The Judge of the Administrative Court nº 1 of Pamplona who evaluated the case, took in consideration the difference of criteria between the European Directive and the Spanish laws and jurisprudence, and made to the Court of Justice of the European Union the question if the European Directive go against the Spanish jurisprudence. The European Directive of the third-country nationals that have long-term residence permits stablish that they must have a special enhanced protection against the expulsion order, and this can only be established in the cases that are a real threat of the public order and security. The Spanish laws stablish the expulsion as a legal consequence in the cases of criminal conviction of prison for more than one year, and the jurisprudence understands that the enhanced protection against the expulsion decision must be granted only in the cases that the order is adopted as a consequence of administrative infringements, and not in the cases of criminal conviction of prison for more than one year. The Court of Justice of the European Union, in relation to question of the Judge of the Administrative Court nº 1 of Pamplona, has manifested in the Sentence of 7th of December of 2017 (Eighth Chamber, case C-636/16) that: indeed, the Spanish norm go against the European, and has reminded that the main purpose of the Directive is the integration of the third-countries citizens, so it must be a enhanced protection against the expulsion, and also that before ordering someone’s expulsion there are established features that must be taken in consideration such as the length of the residence, the age, the consequences of the expulsion and the links to the residence and citizenship country. Finally confirmed that the expulsion must not be declared automatically only as a consequence of a criminal conviction.