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Protection against the expulsion of EU citizens and their family members is enshrined in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) no. 1612/68 and repealing Directives 64/221/EEC,68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/ EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC2. This regulation lays down the conditions governing the exercise of the right of free movement and residence within the territory of Member States by EU citizens and their family members, the right of permanent residence in the territory of the Member States for EU citizens and their family members, and protection against expulsion. The Directive applies to all EU citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who “accompany or join” them. However, it should be noted that EU citizens are entitled to protection against expulsion guaranteed under the international human rights treaties, as applicable to the territories of the Member States of the European Union.3 All EU Member States are members of the Council of Europe. Therefore, States Parties to the European Convention on Human Rights (ECHR) no longer enjoy absolute and uncontrolled discretion in

"Procedural Guarantees for EU Citizens against Expulsion in the Light of Directive 2004/38/EC"