Ad-Hoc Query on public order and public security
16 (Member) States provided information on their policies and practices regarding the implementation and execution of provisions of EU directives on public order and public security. This ad-hoc query was launched by the Dutch Contact Point to the EMN.
The Dutch Contact Point to the EMN launched an ad-hoc query in December 2016 on the rejection, withdrawal and refusal to renew legal residence on the grounds of public order or public security, which are stipulated in the Qualification Directive, Citizens Rights Directive and Family Reunification Directive.
16 (Member) States provided an answer, including Belgium.
Some of the main findings of this ad-hoc query:
- Most Member States (including Belgium) have transposed the provisions on public policy and public security rather literally, not indicating precise criteria for determining the level of threat to public policy.
- The application of grounds of public order and public security is in general done on a case-by-case assessment.
- To determine whether the subject poses a genuine, present and sufficiently serious threat to public order all relevant circumstances are taken into account.
- In Belgium ‘serious crime’ or ‘particularly serious crime’ haven’t been elaborated further. A refugee status can be revoked on the basis of a particularly serious crime, but to do this a conviction by final judgment is necessary.
More detailed information can be found in the attached summary and compilation of the answers.