Press Release: Judgment in Joined Cases C-331/16 K. v Staatssecretaris van Veiligheid en Justitie and C-366/16 H. F. v Belgische Staat (Right of residence and alleged war crimes)

The need for a restriction on the freedom of movement and residence of an EU citizen, or a family member of an EU citizen, suspected of having, in the past, participated in war crimes must be assessed on a case-by-case basis.

That assessment requires the threat that the individual concerned represents to the fundamental interests of the host society to be weighed against the protection of the rights of EU citizens and their family members.