Keywords

Summary



Keywords

1 Preliminary rulings - Reference to the Court - National court or tribunal within the meaning of Article 177 of the Treaty - Definition - Immigration Adjudicator having jurisdiction to hear and determine disputes concerning foreigners' rights of entry and residence - Included

(EC Treaty, Art. 177)

2 International agreements - Agreements concluded by the Community - Direct effect - Conditions - First paragraph of Article 40 of the EEC-Morocco Cooperation Agreement

(EEC-Morocco Cooperation Agreement, Art. 40, first para.)

3 International agreements - EEC-Morocco Cooperation Agreement - Moroccan workers employed in a Member State - Working conditions and remuneration - Equal treatment - Scope - Refusal to extend a residence permit, bringing the worker's employment to an end - Whether permissible - Conditions

(EEC-Morocco Cooperation Agreement, Art. 40, first para.)

Summary

1 In order to determine whether a body making a reference is a court or tribunal for the purposes of Article 177 of the Treaty, which is a question governed by Community law alone, it is necessary to take into account a number of factors, such as whether the body concerned is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent. Those criteria are satisfied by Immigration Adjudicators, who have jurisdiction to hear and determine disputes concerning the rights of foreigners to enter and remain on the territory of the United Kingdom.

2 A provision of an agreement concluded by the Community with third countries must be regarded as being directly effective when, having regard to its wording and the purpose and nature of the agreement itself, the provision contains a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure.

That is the case as regards the first paragraph of Article 40 of the Cooperation Agreement between the EEC and Morocco, which forms part of Title III relating to cooperation in the field of labour and which, far from being purely programmatic in nature, establishes, in the field of working conditions and remuneration, a clear and unconditional principle the nature of which is sufficiently practical that it can be applied by national courts and is therefore capable of directly governing the legal situation of individuals, with the result that individuals to whom that provision applies are entitled to rely on it before the national courts.

3 The first paragraph of Article 40 of the EEC-Morocco Agreement is to be interpreted as not precluding in principle a host Member State from refusing to extend the residence permit of a Moroccan national whom it has authorised to enter its territory and to take up gainful employment there, for the entire period during which he has that employment there, where the initial reason for the grant of his leave to stay no longer exists by the time that his residence permit expires.

The situation would be different only if, in the absence of grounds relating to the protection of a legitimate national interest, such as public policy, public security or public health, that refusal were to affect the right actually to engage in employment conferred on the person concerned by a work permit duly granted by the competent national authorities for a period exceeding that of his residence permit. It is for the national court to determine whether that is the case.