Opinion of the Advocate General — ECLI:EU:C:1996:451
Date: 1996-11-26
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
1. Freedom of movement for persons — Derogations — Deasions regarding foreign nationals — 
Legal guarantees — Scope — Equal access to legal remedies for own nationals and citizens of 
other Member States — Remedies avaäable against acts of the administration 
(Council Directive 64/221, Art. 8) 
2. Freedom of movement for persons — Derogations — Decisions regarding foreign nationals — 
Decision refusing to issue an initial residence permit — Decision to expel before any residence 
permit has been issued — Conditions for examination by the competent authority 
(Council Directive 64/221, Art. 9) 
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SUMMARY — JOINED CASES C-65/95 AND C-lll/95 
3. Freedom of movement for persons — Derogations — Decisions regarding foreign nationals — 
Refusal of right of entry — Fresh application submitted after a reasonable time — Legal 
guarantees — Opinion of the competent authority 
(Council Directive 64/221, Arts 8 and 9) 
1. O n a proper construction of Article 8 of 
Directive 64/221 on the coordination of 
special measures concerning the move­
ment and residence of foreign nationals 
which are justified on grounds of public 
policy, public security or public health, 
which requires Member States to allow 
any national of a Member State the same 
legal remedies in respect of any decision 
concerning entry, or refusing the issue or 
renewal of a residence permit, or ordering 
expulsion from the territory, as are avail­
able to nationals of the State concerned in 
respect of acts of the administration, 
where under the national legislation of a 
Member State remedies are available in 
respect of acts of the administration gen­
erally and different remedies are available 
in respect of decisions concerning entry 
by nationals of that Member State, the 
obligation thus imposed is satisfied if 
nationals of other Member States enjoy 
the same remedies as those available 
against acts of the administration gener­
ally in that Member State. 
2. O n a proper construction of Article 9 of 
Directive 64/221 on the coordination of 
special measures concerning the move­
ment and residence of foreign nationals 
which are justified on grounds of public 
policy, public security or public health, 
the three cases mentioned in Article 9(1) 
(namely 'where there is no right of appeal 
to a court of law, or where such appeal 
may be only in respect of the legal valid­
ity of the decision, or where the appeal 
cannot have suspensory effect') apply 
equally as regards Article 9(2), that is to 
say, where the decision challenged is a 
refusal to issue a first residence permit or 
a decision ordering expulsion adopted 
before the issue of such a permit. 
3. A national of a Member State against 
whom an initial decision refusing entry 
into another Member State has been made 
on grounds of public order or public 
security has a right of appeal under 
Article 8 of Directive 64/221 on the coor­
dination of special measures concerning 
the movement and residence of foreign 
nationals which are justified on grounds 
of public policy, public security or public 
health and, if appropriate, a right to 
obtain the opinion of an independent 
competent authority in accordance with 
Article 9 of the directive, with respect to 
a fresh decision taken by the administra­
tive authorities on an application made by 
him after a reasonable time has elapsed 
since the last decision prohibiting him 
from entering the country. 
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