In the ruling, the judge questions the legality of the administrative decision to expel a long-term resident foreigner who was sentenced to one year and three months in prison.
The magistrate has no doubts about expulsion when it is established that the whatsapp australia contact number person represents a real and serious threat to public order and public safety , provided that certain personal circumstances of the person concerned have been taken into account, such as the length of residence in our country, his age, the consequences for both his family and himself, and the ties to his country of origin.
Protection against expulsion of a long-term foreigner is only provided for in the event that it is granted as a sanction due to an administrative offence, but cannot be used by those who have committed a criminal offence. For this reason, the judge has raised before the CJEU the question of interpretation of Article 12 of the Council of Europe Directive on the status of third-country nationals who are long-term residents.
The question raised by the judge:
Should it be interpreted as precluding national legislation such as that at issue in the main case, and the case law interpreting it, which does not provide for the application of the requirements for protection against the expulsion of a long-term resident foreign citizen with respect to any administrative expulsion decision, whatever its nature or legal form, but rather limits the scope of application of such requirements only to a specific form of expulsion?