Keywords

Summary



Keywords

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1 . WORKERS - FREEDOM OF MOVEMENT - DIRECT EFFECT

( EEC TREATY, ARTICLE 48 )

2 . ACTS OF AN INSTITUTION - DIRECT EFFECT - DIRECTIVE

( EEC TREATY, ARTICLE 177, ARTICLE 189 )

3 . WORKERS - FREEDOM OF MOVEMENT - RESTRICTIONS - ARTICLE 3 OF DIRECTIVE NO 64/221 OF THE COUNCIL - DIRECT EFFECT

4 . COMMUNITY LAW - FUNDAMENTAL PRINCIPLE - DEROGATION - NATIONAL PUBLIC POLICY - STRICT INTERPRETATION - DISCRETIONARY POWER OF NATIONAL AUTHORITIES

5 . WORKERS - FREEDOM OF MOVEMENT - DEROGATION - THREAT TO NATIONAL PUBLIC POLICY - NATIONAL OF ANOTHER MEMBER STATE - PERSONAL CONDUCT - ASSOCIATION WITH A BODY WHICH IS NOT ILLEGAL - ACTIVITIES OF THAT BODY CONSIDERED TO BE SOCIALLY HARMFUL

( EEC TREATY, ARTICLE 48; COUNCIL DIRECTIVE NO 64/221, ARTICLE 3 ( 1 ))

Summary

1 . AS THE LIMITATIONS TO THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS WHICH MEMBER STATES MAY INVOKE ON GROUNDS OF PUBLIC POLICY, PUBLIC SECURITY, OR PUBLIC HEALTH ARE SUBJECT TO THE CONTROL OF THE COURTS, THE PROVISO IN PARAGRAPH ( 3 ) DOES NOT PREVENT THE PROVISIONS OF ARTICLE 48 FROM CONFERRING ON INDIVIDUALS RIGHTS WHICH THEY MAY ENFORCE IN THE NATIONAL COURTS AND WHICH THE LATTER MUST PROTECT .

2 . IT WOULD BE INCOMPATIBLE WITH THE BINDING EFFECT ATTRIBUTED TO A DIRECTIVE BY ARTICLE 189 TO EXCLUDE, IN PRINCIPLE, THE POSSIBILITY THAT THE OBLIGATION WHICH IT IMPOSES MAY BE INVOKED BY THOSE CONCERNED . IN PARTICULAR, WHERE THE COMMUNITY AUTHORITIES HAVE, BY DIRECTIVES, IMPOSED ON MEMBER STATES THE OBLIGATION TO PURSUE A PARTICULAR COURSE OF CONDUCT, THE USEFUL EFFECT OF SUCH AN ACT WOULD BE WEAKENED IF INDIVIDUALS WERE PREVENTED FROM RELYING ON IT BEFORE THE NATIONAL COURTS AND IF THE LATTER WERE PREVENTED FROM TAKING IT INTO CONSIDERATION AS AN ELEMENT OF COMMUNITY LAW . ARTICLE 177, WHICH EMPOWERS NATIONAL COURTS TO REFER TO THE COURT QUESTIONS CONCERNING THE VALIDITY AND INTERPRETATION OF ALL ACTS OF THE COMMUNITY INSTITUTIONS, WITHOUT DISTINCTION, IMPLIES FURTHERMORE THAT THESE ACTS MAY BE INVOKED BY INDIVIDUALS IN THE NATIONAL COURTS .

IT IS NECESSARY TO EXAMINE IN EVERY CASE WHETHER THE NATURE, GENERAL SCHEME AND WORDING OF THE PROVISION IN QUESTION ARE CAPABLE OF HAVING DIRECT EFFECTS ON THE RELATIONS BETWEEN MEMBER STATES AND INDIVIDUALS .

3 . ARTICLE 3 ( 1 ) OF COUNCIL DIRECTIVE NO 64/221 OF 25 FEBRUARY 1964 ON THE COORDINATION OF SPECIAL MEASURES CONCERNING THE MOVEMENT AND RESIDENCE OF FOREIGN NATIONALS WHICH ARE JUSTIFIED ON GROUNDS OF PUBLIC POLICY, PUBLIC SECURITY OR PUBLIC HEALTH CONFERS ON INDIVIDUALS RIGHTS WHICH ARE ENFORCEABLE BY THEM IN THE NATIONAL COURTS OF A MEMBER STATE AND WHICH THE LATTER MUST PROTECT .

4 . THE CONCEPT OF PUBLIC POLICY IN THE CONTEXT OF THE COMMUNITY AND WHERE, IN PARTICULAR, IT IS USED AS A JUSTIFICATION FOR DEROGATING FROM A FUNDAMENTAL PRINCIPLE OF COMMUNITY LAW, MUST BE INTERPRETED STRICTLY, SO THAT ITS SCOPE CANNOT BE DETERMINED UNILATERALLY BY EACH MEMBER STATE WITHOUT BEING SUBJECT TO CONTROL BY THE INSTITUTIONS OF THE COMMUNITY .

NEVERTHELESS, THE PARTICULAR CIRCUMSTANCES JUSTIFYING RECOURSE TO THE CONCEPT OF PUBLIC POLICY MAY VARY FROM ONE COUNTRY TO ANOTHER AND FROM ONE PERIOD TO ANOTHER, AND IT IS THEREFORE NECESSARY IN THIS MATTER TO ALLOW THE COMPETENT NATIONAL AUTHORITIES AN AREA OF DISCRETION WITHIN THE LIMITS IMPOSED BY THE TREATY .

5 . ARTICLE 48 OF THE EEC TREATY AND ARTICLE 3 ( 1 ) OF DIRECTIVE NO 64/221 MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE, IMPOSING RESTRICTIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY, IS ENTITLED TO TAKE INTO ACCOUNT, AS A MATTER OF PERSONAL CONDUCT OF THE INDIVIDUAL CONCERNED, THE FACT THAT THE INDIVIDUAL IS ASSOCIATED WITH SOME BODY OR ORGANIZATION THE ACTIVITIES OF WHICH THE MEMBER STATE CONSIDERS SOCIALLY HARMFUL BUT WHICH ARE NOT UNLAWFUL IN THAT STATE, DESPITE THE FACT THAT NO RESTRICTION IS PLACED UPON NATIONALS OF THE SAID MEMBER STATE WHO WISH TO TAKE SIMILAR EMPLOYMENT WITH THE SAME BODIES OR ORGANIZATIONS .