Serious criminals cannot hide behind EU deportation rules, judges conclude If Europeans commit series crimes and continue to remain a threat then member states should be free to kick them out, according to the European Court of Justice. The decision could have significance for cases such as Italian Learco Chindamo, who murdered head teacher Philip Lawrence but has been allowed to stay in the UK. However, his specific case is further complicated because, along with protection under EU rules, judges in the UK courts also cited the Human Rights Act for not deporting him. Under EU law, citizens of member states are entitled to free movement between countries but they can be excluded under certain circumstances, especially in relations to crimes committed. The EU Court of Justice yesterday clarified the position by concluding that those guilty of serious offences and who continue to "pose a direct threat" to a country can be deported, even if they have lived there for more than ten years. It was ruling in the case of an Italian sex offender who was fighting his removal from Germany. The court said it was up to individual member states to determine what constituted "public security" but stressed they would also have to show that the individual remained a "genuine and present threat." It added that states also had to take in to account other factors such as the age of the individual, state of health, family situation and links to their country of origin. In the case of Chindamo, judges in the UK have already ruled that his right to family life would be breached if he was removed. The 31-year-old lived in Italy until he was five but has always argued he has no ties to the country. He was freed in 2010 after serving 14 years of a life sentence for stabbing 48-year-old Mr Lawrence through the heart in 1995.