The European Commission has declined to comment on the case of two Irish nationals who face deportation from Germany due to their participation in pro-Palestinian demonstrations.
However, a spokesperson said any restriction of the free movement of EU citizens had to be "justified and proportionate".
Roberta Murray, 31, and Shane O'Brien, 29, were issued with deporation orders and ordered to leave Germany by 21 April, having faced charges over alleged actions linked to protests over the Gaza war.
Both faced charges linked to their involvement in the protests, which were subsequently dismissed.
Asked if the deportation order breached the EU's fundamental rights relating to free movement of citizens and free assembly, commission spokesperson Markus Lammert told RTÉ News: "We never comment on individual cases, and we will not on this one.
"It is for national authorities to maintain the law and order and to safeguard internal security [and] policing falls within national competence.
"When it comes to free movement, this is a fundamental right of EU citizens. Member states may, however, restrict it on the grounds of public policy or public security.
"Decisions must be justified and proportionate and based on an individual assessment."
Both had been attending protests in support of Palestinians since the Israel-Hamas conflict began in October 2023.
Shane O'Brien was arrested at a protest in Berlin last October, while Roberta Murray had been accused of using banned slogans in support of Palestinians in Gaza at the protests.
According to reports, their legal teams have raised concerns that the deportation orders undermined civil liberties for EU citizens living in Germany, as neither had been convicted of any criminal offences in the German courts.
Deportation order 'purely political', says Irish protester
Sligo-native Roberta Murray has lived in Germany for the last three years.
Roberta is one of four foreign residents in Berlin who have been issued with a deportation order.
"We will fight this deportation order to the absolute end. We are not going anywhere," the 31-year-old said.
"[The deportation] won't hold up in court. It has no legal grounding. It's purely political".
The others issued with orders include Irishman 29-year-old Shane O'Brien and one person each from Poland and the United States.
All four have been instructed to leave Germany before 21 April.
They are being represented by a team of lawyers, including Alexander Gorski of the European Legal Support Centre.
Roberta works in a café in Berlin and began attending pro-Palestine protests shortly after the Hamas attack on 7 October 2023.
"As soon as I began going to demos here, it became very easy to keep going to demos here," they said.
"The people around me were my neighbours and my community, especially the Arab community here in Berlin."
They said that at the start of the war in Gaza, "people wanted to gather to grieve their family members and stand in solidarity with the community," adding that many people in Berlin had family members in Gaza.
They said they have been arrested about five times while protesting in Berlin and received police letters.
One of the arrests was for using the phrase "from the river to the sea, Palestine will be free".
This phrase was outlawed by the country's Interior Minister Nancy Faeser as part of a ban on the activities of Hamas in Germany.
"I think I never expected to be arrested because the reasons that they are arresting people are arbitrary," Roberta said.
In January, Roberta received a letter in the post which was a deportation threat.
At the time, their lawyer said that the deportation would not stand up in court.
But they then received an actual deportation order.
"It was shocking, but it was also unsurprising," Roberta said.
"We will fight this deportation order to the absolute end. We are not going anywhere."
A motion for all four foreign nationals facing deportation orders will be filed by their lawyers on Friday. This motion will move to block the emergency stipulation that has been placed on their deportation orders.
The emergency stipulation allows for a deportation order to take effect without due process.
"We're fighting to remove this stipulation at the moment, which will allow us to stay in Germany while we appeal our deportation," Roberta said.
They added that those facing deportation are standing together and have issued a statement.
Mr Gorski said the Berlin migration office argued that the four constitute a threat to the security and safety of Germany and therefore the German state requires their expulsion.
He said the office has argued that by participating in pro-Palestinian demonstrations, the four are spreading anti-Semitism and that they are indirectly supporting Hamas.
However, he said, these claims have not been backed up and legally are "very vague".
Mr Gorski said none of the four have been convicted of any crime and any charges against them are demonstration related of "no serious character".
So from the legal side "we think that those deportation orders have no solid legal founding," he said.
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The Department of Foreign Affairs and Trade said it is aware of reports and stands ready to provide consular assistance.
The Germany Embassy in Ireland was asked for a statement by RTÉ News.
Meanwhile the Taoiseach has said that the Government will raise the issue of the two Irish citizens facing deportation orders.
The matter is "a fundamental concern in terms of their freedom of movement," Micheál Martin told the Dáil.
He said he was "aware of reports of the media in respect of a decision ordering two Irish citizens to leave Germany".
Mr Martin said that "four individuals, I believe, are being deported", including two Irish people.
"The Embassy in Berlin I understand has raised the matter with the German Foreign Ministry, and we will raise this issue with the German authorities."
He was responding to Sinn Féin TD Mairead Farrell.
