Åka hem? – Den individuella utlänningskontrollen och rörlighetsdirektivets genomförande i svensk rätt
Sammanfattning: With regard to international law, a state is only required to allow its citizens to reside within its own territory. However, from an EU law perspective, each Member State is obliged to apply regulations which intend to facilitate the free movement of persons within the EU. This is expressly laid down in the EU treaties, but must be viewed within the context of secondary law, in particular, the Citizens’ Rights Directive (CRD) 2004/38/EC. The directive lays down the particular conditions for the right to free movement and residence within the union, for Union citizens and their family members. It also sets out the limits to those rights on grounds of public policy, public security or public health. This thesis has been formulated within the framework of Swedish immigration law, having regard to the provisions of the free movement of persons set out in the CRD. The purpose of this thesis is to analyse how the CRD has influenced Sweden’s individual control of aliens. It is evident that the function of this control is to prevent unwanted aliens residing in Sweden. This prevention often takes place through rejection or expulsion as a result of material circumstances which may include; incapacity of economic maintenance, criminality or any other circumstance that is attributable to the behaviour of a person. In order to achieve the overall purpose of this thesis, it is necessary to examine how the incorporation of the CRD into Swedish law has affected the individual control of aliens. This thesis will therefore also define what constitutes the terms of public policy and public security and identify those EU values which should always be considered when a beneficiary of the CRD is about to be rejected or expelled. The thesis also examines the indirect link between the CRD residence rules and Sweden’s individual control of aliens and includes a discussion about the beneficiary-term. This analysis has mainly been conducted on the basis of an EU legal method but has in some respects also been based upon an analytic legal approach. The general conclusion of this thesis is that the CRD has affected Sweden’s individual control of aliens in several ways. This is partly evidenced by the increasing number of immigrants within Sweden that have become subject to the special provisions regarding the removal of EEA nationals and their family members. Another contention of this thesis lies in the fact that the CRD was incorporated into Swedish law in a defective manner. Thus, a consequence of this incorporation is that the individual control of aliens was being conducted on the basis of unclear regulation and therefore characterized by legal uncertainty. This uncertainty has significantly influenced Sweden’s individual control of aliens until the Aliens Act was revised in the year 2014.
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