The Supreme Court has upheld an appeal filed by a woman from Bulgaria who was to be deported from Cyprus after she was caught working as a prostitute.
In its ruling, the Supreme Court upheld the appeal on the grounds that the decision for the deportation of the woman was due to that her conduct constituted a serious threat to public order and not to public security, which is the only reason that could justify the deportation of an EU national that has been residing in the country for more than 10 years.
The woman, who arrived in Cyprus in 1998, was arrested in October 2014 in Limassol for prostitution.
After her arrest, she admitted she had been working as a prostitute for six months due to financial problems. Police, according to the court minutes, decided not to prosecute her but to arrange for her deportation instead, as she was considered that due to her conduct she constituted a “serious threat to public order”.
According to an article of the EU directive on the right of citizens of the Union to move and reside freely within the territory of the member states, the ruling said, on which the deportation decision had been taken, “particularly in the case of nationals who have lived beyond ten years in the host state, the deportation takes place only on imperative grounds of public security”.
“I do not consider that the conduct of the applicant, … could justify deportation on imperative grounds of public security,” the Supreme Court judge said in his ruling. The fundamental difference between the two terms, is clear, it said.
“The defendants acted in breach of that article. Consequently, the contested decision is vitiated and should be cancelled,” the ruling said.