After working for several years in Denmark, a Romanian man must be deported because he participated in an attempt to commit a burglary in a clothing store in Varde.
The Supreme Court ruled in a ruling on Wednesday, but the five judges do not agree on the result.
Three have voted for expulsion, while two believe he should be allowed to stay.
The ban on entry is valid for four years. Incidentally, the penalty for the burglary was imprisonment for 40 days.
For a total of about six years, the Romanian has legally lived and worked on Danish soil. He’s been around a lot. In Ringe, Aalborg, Lemvig and Bredebro he has had a postal address. Most recently, he was operations manager on a farm, it appears.
The man has not previously violated the penal code before that night in June 2020 in Varde.
An EU citizen can only be deported if he or she can be said to pose a serious threat to fundamental societal interests.
Three judges nod that the 28-year-old poses a sufficiently serious threat. They emphasize that the attempted burglary happened at night along with two others.
The trio had been driving around for several hours in the area around Bramming and Varde. It was therefore not a random or spontaneous burglary, they state.
The other two also had a lot of equipment in the car. A screwdriver, a crowbar, a black hat with holes for the eyes and work gloves.
The minority of two judges has a different assessment.
They emphasize that this is an individual relationship that has been committed after a total of six years’ stay.
Once a citizen of the Union has been granted the right to indefinite residence, it takes a lot to deviate from the principle of free movement, the two judges state. They do not consider that there are any serious considerations of public order or security.
The case has been extraordinarily processed by the Procedural Grants Board to the top of the judicial system. Both the city court and the district court ruled that deportation should take place.