Section 122. Expulsion in the interests of public order or security

EEA nationals and their family members, and foreign nationals as mentioned in section 110, fourth paragraph, of the Act who have a right of residence under section 111, second paragraph, or section 114, second paragraph, may be expelled when this is in the interests of public order or security. It is a condition for expulsion that the personal circumstances of the foreign national present, or must be assumed to present, a real, immediate and sufficiently serious threat to fundamental societal interests. The King may issue regulations containing further provisions on the definition of public order and security.
A foreign national who may be expelled under the first paragraph may nevertheless not be expelled if the foreign national
  1. a.
    has a permanent right of residence under sections 115 or 116, unless weighty public order or security considerations indicate that it is necessary,
  2. b.
    is an EEA national who has resided in the realm for 10 years, unless it is compellingly necessary in the interests of public security, or
  3. c.
    is an EEA national who is a minor, unless it is compellingly necessary in the interests of public security. However, this does not apply to minors if expulsion of the minor is necessary in order to safeguard the child’s best interests.
A foreign national who has contravened chapter 18 of the Penal Code or has provided a safe haven for a person the foreign national knows to have committed such an offence may be expelled regardless of the provisions in the second paragraph.
No expulsion decision is made under the provisions of this section if, in view of the seriousness of the offence and the foreign national’s connection with the realm, it would constitute a disproportionate measure against the foreign national personally or against the family members. In the assessment of whether expulsion constitutes a disproportionate measure, weight shall be given to, among other things, the person’s length of residence in the realm, age, state of health, family situation, financial situation, social and cultural integration in the realm, and connection with the country of origin. In cases concerning children, the child’s best interests shall be a fundamental consideration.
The King may issue regulations containing further provisions.