Facts
X., an Italian national born in 1965, has lived in Switzerland since the year following his birth, with the exception of a period from 1997 to 1999. Upon his return, the Population Service of the Canton of Vaud refused to reintegrate him into his settlement permit and issued him a humanitarian permit. X. was then sentenced to 4 years of imprisonment for various offences, including a serious offence against the Narcotics Act. While he was still serving his sentence, the Population Service refused to renew his residence permit, setting him a deadline to leave the country. X. appealed against this decision, which was annulled by the Cantonal Administrative Court on the grounds that it was premature in view of Art. 14 para. 8 FNO. The Federal Office for Migration then appealed against this decision.Considerations
The Federal Court ruled that Art. 14 para. 8 FNO does not specify the time at which the authorities may decide on the stay of a detained foreigner, but that they may do so before the end of the sentence, in the very interest of the convicted person so that he can prepare his return to free life. However, this moment must not be too far from the release, as a general rule not beyond the normal duration of an appeal procedure.
The Court also examined the applicability of the Agreement on the Free Movement of Persons (AFMP), noting that its applicability was not established in this case. Nevertheless,…