Right to freedom of movement in the European Union

On 9 March 2018, Attila Dabis, a Hungarian citizen and legal adviser to the Szekler National Council, attempted to cross the Hungarian-Romanian border at Ártánd-Bors one day prior to the solidarity demonstration by the Hungarian national minority in Romania; the so-called ‘Day of Szekler Freedom’, of which Mr Dabis was a co-organiser.

The Romanian border guard informed him that he was barred from entering Romania, but could not provide any factual or legal grounds therefor.

Following his request, Mr Dabis received, on 30 March 2018, from the General Inspectorate of the Border Police of Romania the decision on his entry ban, stating: ‘the measure of non-admission to the territory of Romania was introduced as a result of acts that constitute threats to national security, pursuant to Article 3 of Law No 51/1991’.

Several of Mr Dabis’ fundamental rights enshrined in the Charter have been breached, namely the freedoms of movement, speech/expression and peaceful assembly.

Is it in line with EU legislation, especially Articles 27 and 30 of Directive 2004/38/EC, to impose, without any specification, an entry ban on an EU citizen without a criminal record on the grounds of threat to national security?

What can the Commission do to prevent Member States from imposing unlawful entry bans on law-abiding EU citizens in the future?

Last updated: 28 June 2018

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