Facts
The District Court of Zurich convicted the Spanish national X. of drug offenses and sentenced him to 19 months' imprisonment, ordering a 7-year expulsion from the country. X. appealed the expulsion order to the High Court, which upheld it. X. then filed a criminal law complaint with the Federal Supreme Court.
The Federal Supreme Court had to assess whether the Freedom of Movement Agreement between Switzerland and the EU precludes the expulsion order. This particularly concerned the interpretation of the term "public order" under Article 5 paragraph 1 of Annex I of the Freedom of Movement Agreement.
Considerations
The Federal Supreme Court stated that while the Freedom of Movement Agreement is not a criminal law agreement, Switzerland must observe its international law obligations when interpreting legal provisions. The rights under the Freedom of Movement Agreement may only be restricted by measures justified on grounds of public order, security and health.
When examining whether a criminal law expulsion is justified, a specific case-by-case assessment must be carried out. It must be examined whether…