CHAPTER VI
Restrictions on the right of entry and the right of residence on grounds
of public policy, public security or public health
Article 27
General principles
1. Subject to the provisions of this Chapter, Member States may restrict the freedom of movement
and residence of Union citizens and their family members, irrespective of nationality, on grounds of
public policy, public security or public health. These grounds shall not be invoked to serve
economic ends.
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2. Measures taken on grounds of public policy or public security shall comply with the principle of
proportionality and shall be based exclusively on the personal conduct of the individual concerned.
Previous criminal convictions shall not in themselves constitute grounds for taking such measures.
The personal conduct of the individual concerned must represent a genuine, present and sufficiently
serious threat affecting one of the fundamental interests of society. Justifications that are isolated
from the particulars of the case or that rely on considerations of general prevention shall not be
accepted.
3. In order to ascertain whether the person concerned represents a danger for public policy or
public security, when issuing the registration certificate or, in the absence of a registration system,
not later than three months from the date of arrival of the person concerned on its territory or from
the date of reporting his/her presence within the territory, as provided for in Article 5(5), or when
issuing the residence card, the host Member State may, should it consider this essential, request the
Member State of origin and, if need be, other Member States to provide information concerning any
previous police record the person concerned may have. Such enquiries shall not be made as a
matter of routine. The Member State consulted shall give its reply within two months.
4. The Member State which issued the passport or identity card shall allow the holder of the
document who has been expelled on grounds of public policy, public security, or public health from
another Member State to re-enter its territory without any formality even if the document is no
longer valid or the nationality of the holder is in dispute.
