Safeguards and sanctions in cases of mobility
Article 23
1. Notwithstanding Article 8(1), point (a), and Article 8(2), point (a), where an EU Blue Card holder moves to another Member State under Article 21, the first Member State shall not withdraw the EU Blue Card before the second Member State has taken a decision on the application for long-term mobility. 2. Where the second Member State rejects the application for an EU Blue Card in accordance with Article 21(9), point (b), the first Member State shall, at the request of the second Member State, allow the re-entry of the EU Blue Card holder and, where applicable, of his or her family members, without formalities and without delay. This shall also apply if the EU Blue Card issued by the first Member State has expired or has been withdrawn during the examination of the application. 3. The EU Blue Card holder or the employer in the second Member State may be held liable for the costs related to the re-entry of the EU Blue Card holder and of his or her family members as referred to in paragraph 2. 4. Member States may provide for sanctions in accordance with Article 14 against an employer of an EU Blue Card holder, where that employer is responsible for a failure to comply with the conditions of mobility laid down in this Chapter. 5. Where a Member State withdraws or does not renew an EU Blue Card which bears the remark referred to in Article 9(5) and decides to expel the third-country national, it shall request the Member State indicated in that remark to confirm that the person concerned is still a beneficiary of international protection in that Member State. The Member State indicated in that remark shall reply within 1 month after receiving the request for information. Where the third-country national is still a beneficiary of international protection in the Member State indicated in that remark, that person shall be expelled to that Member State which shall, without prejudice to the applicable Union or national law and to the principle of family unity, immediately allow the re-entry, without formalities, of that person and his or her family members. By way of derogation from the second subparagraph of this paragraph, the Member State which adopted the expulsion decision shall retain the right to remove the third-country national, in accordance with its international obligations, to a country other than the Member State which granted international protection, where the conditions specified in Article 21(2) of Directive 2011/95/EU are fulfilled with respect to that third-country national. 6. Where an EU Blue Card holder or his or her family members cross the external border of a Member State that applies the Schengen acquis in full, that Member State shall consult the Schengen Information System in accordance with Regulation (EU) 2016/399. That Member State shall refuse entry for persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen Information System.