The evolution of European Union criminal law (1957-2012)

as how long the individual concerned has resided on its territory, his/her age, state of
health, family and economic condition, social and cultural integration into the host
Member State and the extent of his/her links with their country of origin. Furthermore,
the second paragraph of the same Article holds that the host Member State may not take
a decision of expulsion against Union citizens, or their family members, who have the
right of permanent residence in its territory, except on grounds of public policy and
public security; whilst the third paragraph holds that a decision of expulsion may not be
taken against Union citizens except if the decision is based on imperative grounds of
public security or if they have resided in the host Member State for the previous ten
years.
The first case in question concerned Mr Tsakouridis, a Greek national, raised and born
in Germany, who was convicted and sentenced to six years and six months
imprisonment by the Regional Court of Stuttgart on eight counts of illegal dealing in
substantial quantities of narcotics as part of an organised crime group. Consequently, the
Regional Administration of Stuttgart determined that Mr Tsakouridis had lost his right
of entry and residence in Germany and was liable to be subject of expulsion to
Greece. 1032 In appeal, the interpretation of the Directive on citizenship was raised. The
CJEU found that dealing with narcotics as part of an organised crime group is a ‘diffuse’
type of crime with impressive economic and operational resources and frequently with
transnational connections. Furthermore, it noted that in view of the devastating effects of
crimes linked to drug trafficking, this type of criminality poses a threat to health, safety
and quality of life for citizens of the Union, and to the legal economy, stability and
security of Member States. It further noted that trafficking in narcotics as part of an
organised crime group, could reach a level of intensity that might directly threaten the
calm and physical security of the population as a whole, or a large part of it. 1033 Hence
the CJEU found that despite Mr Tsakouridis’ level of integration into German society,
his dealing with narcotics as part of an organised crime group is capable of being
covered by the concept of ‘imperative grounds of public security’ and might justify a
measure of expulsion from Germany. 1034
This line of reasoning was confirmed in P.I., a case concerning a decision of expulsion
of an Italian national who had lived in Germany since 1987 and was convicted in 2006
to a term of seven years and six months imprisonment for sexual assault, sexual coercion
and rape of a minor (member of his family) between 1990 and 2001. Consequently,
1032 Case C-145/09, supra note 855, 11-13.
1033 Ibid., 46-47.
1034 Ibid., 55.
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