FEANTSA complaint against the UK the definition of abuse of rights under EU law Mattia Bosio, FEANTSA

Expulsions on grounds of public policy, security and health. Expulsions for non-fulfilment of residence conditions (as not having sufficient resources for economically inactive mobile EU citizens). Expulsions on the grounds of fraud and abuse of rights The legal ground for expulsions of EU mobile citizens under the citizenship Directive

How the EU legal grounds for expulsions may target Homeless people? Public Policy Non fulfillment of residence conditions Abuse of rights Collective expulsions of Roma In France Expulsions of city beggars in Denmark Expulsions of inactive EU mobile citizens recipients of social assistance in Belgium In France obligation to leave the territory for EU citizens moving with the primary aim to benefit social assistance Policy on rough sleepers in UK

The public policy threshold for expulsions is more stringent Strong safeguards against collective expulsions (case by case assessment) Extensive (in cases) and very restrictive (in applicability) EU case-law Why the UK authorities did not rely on grounds of public policy to justify the removal of rough sleepers?

The legal grounds for expulsions of EU mobile citizens under EEA Regulations the person does not have a right to reside; on grounds of public policy, security or health; on grounds of misuse of rights. Regulation 23(6)

Misuse of rights Vs abuse of rights No reference to the EU notion of abuse of rights. However: the formulation (the "misuse of rights") and its matching with conducts circumventing qualified person requirements (such as marriages of convenience) show that letter c) of Regulation 23(6) represents the implementation at national level of article 35 of the Directive on abuse of rights.

Rough sleeping as a misuse of Rights Under the Guide on the administrative removal published by the Home Office in implementation of EEA Regulations rough sleeping may be intended as misuse of a right to reside. Consequences: EU citizens encountered sleeping rough may be removed

Abuse of rights under EU law Article 35 of the Citizens’ Rights Directive is a safeguards clause that Member States may adopt to restrict free movement rights in the case of abuse of these rights or fraud. This clause has been shaped mainly in order to prevent cases of abuse of rights or fraud committed by third-country nationals resorting to sham marriages or using falsified residence documents.

The notion of abuse is confined to artificial conducts entered into with the purpose of abusing of EU free movement rights. The main conduct envisaged as abuse is marriages of convenience. Other forms of abuse concern conducts where EU citizens move with the sole purpose of evading national law by invoking their rights under Community law. Abuse of rights under the Communication on guidance for transposition of the Directive

Abuse of rights in EU case-law Proof of an abuse requires: The non-achievement of the purpose of EU rules The intention to obtain an advantage Judgment in McCarthy and Others, C-202/13, paragraph 54 UK rules do not provide any information on the abuse of EU rights by rough sleepers, nor on the possible advantage obtained from EU rules. Abuse of rights in EU case-law

Rough sleeping can be considered an abuse of EU rights? An interpretation of the notion of misuse of rights including rough sleeping is beyond the notion of abuse of rights existing at EU level. Rough sleeping, even as a consequence of exercising EU free movement, may not be considered an abusive use of EU free movement rights. Rough sleeping as an abuse of rights is a measure of general prevention of homelessness specifically targeting a certain category of EU citizens Rough sleeping can be considered an abuse of EU rights?

Breaches of articles 14(1) and 14(4) Under article 14(1), EU citizens must not be expelled during their first three months of staying, as long as they do not become an unreasonable burden Under Article 14(4), expulsions must not be adopted against workers, self-employed persons or job-seekers, save on grounds of public policy or public security VS Under the Guide, EU citizens who are sleeping rough may be removed even if they: have been in the UK for less than 3 months are otherwise exercising Treaty Rights (actives or with resources) No right to reside test and no assessment of the burden for EU citizen sleeping rough

entry bans as consequence of rough sleeping are against EU law Under article 15(3), Member States may adopt re-entry bans solely on the grounds of public policy, security and health vs Under the Guide, Re-entry ban for 12 months for EU citizens removed for rough sleeping entry bans as consequence of rough sleeping are against EU law

Violation of procedural rights and rules Denial of information on appeal procedures and lack of access to legal advice for EU mobile citizens removed for rough sleeping VS Procedural safeguards in case of expulsion under Article 30 and 31 of The Directive Violation of procedural rights and rules

Thanks for your attention Mattia Bosio mattia.bosio@feantsa.org Thanks for your attention