Accesul la dosarul cauzei în contextul unei măsuri de refuz al intrării pe teritoriul statului român privind un cetăţean al Uniunii Europene. Pornind de la o hotărâre a Curţii de Apel Bucureşti
Access to the file in the framework of a measure of refusal to allow a citizen of the European Union to enter the Romanian territory. Comments on a judgment of the Bucharest Court of Appeal

Summary/Abstract: According to European Union law, a Member State may restrict freedom of movement and residence of a Union citizen on grounds of public policy, public security or public health. Such a restrictive measure may consist of refusal to allow that person to enter the territory of a Member State for one of these reasons. When adopting such a measure, the issue on the access to the file of the case (lato sensu) – both for court and the concerned person – which is meant to ensure the rights of that person are complied with, under Article 47 of the Charter of fundamental rights of the European Union included, is liable to be raised. This article discusses a recent judgment delivered by the Bucharest Court of Appeal which reviewed a decision by which a citizen of the European Union was refused the access to the Romanian territory for reasons of public security. In that framework the concerned person has to be informed of the reasoning of the decision, while the authorities have grounds to believe that the said disclosure may be proved contrary to interests of state security. As a secondary point, the reasoning used by the Romanian court in order to reject a request for a preliminary reference to the Court of Justice of the European Union is considered.

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