Key legal question
Whether family reunification for the husband had to be granted under the FZA despite his criminal record
Extracted holding
No. The court held that his serious and repeated offending created a sufficiently serious and current threat to public order under Art. 5 Annex I FZA.
Extracted reasoning
His convictions for violent and drug-related offences, the long history of recidivism, and an unfavorable prognosis showed a concrete risk of reoffending. The court emphasized that the FZA permits restriction for public-order reasons and that the assessment focuses on present danger, not general prevention.