Opinion of the Advocate General — ECLI:EU:C:2002:266
Date: 2002-04-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Anti-discrimination;Non-discrimination on grounds of nationality
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
Freedom of movement for persons — Derogations — Public policy and public security 
grounds — Migrant worker who is a national of a Member State — Administrative 
police measures limiting right of residence to part of the national territory — Whether 
permissible — Conditions 
(EC Treaty, Art. 48 (now, after amendment, Art. 39 EC)) 
I-10981 
SUMMARY — CASE C-100/01 
Neither Article 48 of the EC Treaty (now, 
after amendment, Article 39 EC) nor the 
provisions of secondary legislation which 
implement the freedom of movement for 
workers preclude a Member State from 
imposing, in relation to a migrant worker 
who is a national of another Member State, 
administrative police measures limiting 
that worker's right of residence to a part 
of the national territory, provided 
— that such action is justified by reasons 
of public order or public security based 
on his individual conduct; 
— that, by reason of their seriousness, 
those reasons could otherwise give rise 
only to a measure prohibiting him from 
residing in, or banishing him from, the 
whole of the national territory; and 
— that the conduct which the Member 
State concerned wishes to prevent gives 
rise, in the case of its own nationals, to 
punitive measures or other genuine and 
effective measures designed to combat 
it. 
(see para. 45, operative part) 
I - 10982