Mutual recognition of expulsion decisions
The objective of this Directive is to ensure more effective cooperation between the Member States by granting mutual recognition to expulsion decisions.
Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals.
In order to put in place an area of freedom, security and justice, the Council must draw up a common European policy relating to asylum and immigration. While meeting the requirements flowing from the Convention implementing the Schengen Agreement, the purpose of this Directive is to make possible the recognition of an expulsion decision issued in one Member State (issuing Member State) against a third country national present within the territory of another Member State (enforcing Member State).
This Directive applies to expulsion decisions based on:
- Serious and present threat to public order or to national security (such as a conviction for an offence punishable by a penalty involving deprivation of liberty of at least one year);
- Failure to comply with national rules on the entry or residence of aliens.
In all cases, Member States ensure respect of human rights and fundamental liberties. In addition this Directive applies without prejudice to the provisions of the Dublin Convention and readmission agreements.
Nationals of third countries must be able to appeal the expulsion order.
Files containing personal data on third country nationals must be used only for the purposes of this Directive. In order to protect persons against any abuse of personal data, Parliament and Council Directive 95/46/EC of 24 October 1995 will be applied.
The Member States undertake to adopt all measures guaranteeing the exchange of information and effective cooperation. Where the enforcing state has implemented the expulsion decision, it will inform the issuing Member State.
The Council undertakes to adopt before 2 December 2002, the practical arrangements to compensate for the financial imbalances which could result from the application of this Directive.
Measures adopted by the Member States with a view to implementing this Directive must be communicated to the Commission.
In accordance with the protocol on the positions of the United Kingdom, Ireland and Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom has signalled its willingness to participate in the adoption and application of this Directive. Denmark is not participating in the adoption of the Directive. Moreover, given that this Directive constitutes a development of the Schengen acquis, it will apply to the Republic of Iceland and the Kingdom of Norway.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Directive 2001/40/EC||02.06.2001||02.12.2002||OJ L 149 of 02.06.2001|