Keywords

Summary



Keywords

1 . FREE MOVEMENT OF PERSONS - RIGHT OF ENTRY AND RESIDENCE OF NATIONALS OF MEMBER STATES - RIGHT DIRECTLY CONFERRED BY THE TREATY - RESERVATION WITH REGARD TO PUBLIC POLICY , PUBLIC SECURITY AND PUBLIC HEALTH - EFFECTS

( EEC TREATY , ART . 48 )

2 . FREE MOVEMENT OF PERSONS - RIGHT OF ENTRY OF NATIONALS OF MEMBER STATES - ENTRY VISA OR EQUIVALENT REQUIREMENT - CONCEPT - PROHIBITION

( COUNCIL DIRECTIVE NO 68/360 , ART . 3 ( 2 ))

3 . FREE MOVEMENT OF PERSONS - RIGHT OF RESIDENCE OF NATIONALS OF MEMBER STATES - RESIDENCE DOCUMENT - DECLARATORY EFFECT - NOT ASSIMILABLE TO A RESIDENCE PERMIT - ABSENCE OF DISCRETION OF MEMBER STATES - RESIDENCE AUTHORIZATION - REQUIREMENT BY A MEMBER STATE - PENALTIES - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 68/360 , ART . 4 ( 2 ) AND ANNEX )

4 . FREE MOVEMENT OF PERSONS - RIGHT OF RESIDENCE OF NATIONALS OF MEMBER STATES - RECOMMENDATION FOR DEPORTATION OR IMPRISONMENT - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 68/360 , ART . 4 )

Summary

1 . THE RIGHT OF COMMUNITY WORKERS TO ENTER THE TERRITORY OF A MEMBER STATE WHICH COMMUNITY LAW CONFERS MAY NOT BE MADE SUBJECT TO THE ISSUE OF A CLEARANCE TO THAT EFFECT BY THE AUTHORITIES OF THAT MEMBER STATE .

THE RESTRICTION WHICH ARTICLE 48 OF THE EEC TREATY LAYS DOWN CONCERNING FREEDOM OF MOVEMENT IN THE TERRITORY OF MEMBER STATES , NAMELY LIMITATIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH , MUST BE REGARDED NOT AS A CONDITION PRECEDENT TO THE ACQUISITION OF THE RIGHT OF ENTRY AND RESIDENCE BUT AS PROVIDING THE POSSIBILITY , IN INDIVIDUAL CASES WHERE THERE IS SUFFICIENT JUSTIFICATION , OF IMPOSING RESTRICTIONS ON THE EXERCISE OF A RIGHT DERIVED DIRECTLY FROM THE TREATY . IT DOES NOT THERE- FORE JUSTIFY ADMINISTRATIVE MEASURES REQUIRING IN A GENERAL WAY FORMALITIES AT THE FRONTIER OTHER THAN SIMPLY THE PRODUCTION OF A VALID IDENTITY CARD OR PASSPORT .

2 . ARTICLE 3 ( 2 ) OF COUNCIL DIRECTIVE NO 68/360 PROHIBITING MEMBER STATES FROM DEMANDING AN ENTRY VISA OR EQUIVALENT REQUIREMENT FOR COMMUNITY WORKERS MOVING WITHIN THE COMMUNITY MUST BE INTERPRETED AS MEANING THAT THE PHRASE ' ENTRY VISA OR EQUIVALENT REQUIREMENT ' COVERS ANY FORMALITY FOR THE PURPOSE OF GRANTING LEAVE TO ENTER THE TERRITORY OF A MEMBER STATE WHICH IS COUPLED WITH A PASSPORT OR IDENTITY CARD CHECK AT THE FRONTIER , WHATEVER MAY BE THE PLACE OR TIME AT WHICH THAT LEAVE IS GRANTED AND IN WHATEVER FORM IT MAY BE GRANTED .

3 . THE ISSUE OF THE SPECIAL RESIDENCE DOCUMENT PROVIDED FOR IN ARTICLE 4 OF DIRECTIVE NO 68/360 HAS ONLY A DECLARATORY EFFECT AND , FOR ALIENS TO WHOM ARTICLE 48 OF THE EEC TREATY OR PARALLEL PROVISIONS GIVE RIGHTS , IT CANNOT BE ASSIMILATED TO A RESIDENCE PERMIT SUCH AS IS PRESCRIBED FOR ALIENS IN GENERAL . A MEMBER STATE MAY NOT THEREFORE REQUIRE FROM A PERSON ENJOYING THE PROTECTION OF COMMUNITY LAW THAT HE SHOULD POSSESS A GENERAL RESIDENCE PERMIT INSTEAD OF THE DOCUMENT PROVIDED FOR BY THE COMBINED PROVISIONS OF ARTICLE 4 OF AND THE ANNEX TO DIRECTIVE NO 68/360 , OR IMPOSE PENALTIES FOR THE FAILURE TO OBTAIN SUCH A PERMIT .

4 . THE FAILURE ON THE PART OF A NATIONAL OF A MEMBER STATE OF THE COMMUNITY , TO WHOM THE RULES ON FREEDOM OF MOVEMENT FOR WORKERS APPLY , TO OBTAIN THE SPECIAL RESIDENCE PERMIT PRESCRIBED IN ARTICLE 4 OF DIRECTIVE NO 68/360 MAY NOT BE PUNISHED BY A RECOMMENDATION FOR DEPORTATION OR BY MEASURES WHICH GO AS FAR AS IMPRISONMENT .