Does Directive 2004/58/EC(1) of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States apply to EU citizens who have been convicted of a criminal offence in a host Member State and have served their full sentence?

Is it necessary for Member States to notify the Commission of any derogation from the ‘protection against expulsion’ provision contained in Article 28(3) of the above Directive? If so, what is the procedure for notification?

Finally, in reliance on the Article 28(3) derogation based on ‘imperative grounds of public security’, can such citizens be legally detained in custody after their release date while immigration investigations and deliberations on expulsion to another EU Member State are taking place?

(1) OJ L 229, 29.6.2004, p. 35.