Rezguia Adoui v Belgian State and City of Liège; Dominique Cornuaille v Belgian State.
Date: 1982-05-18
7 THE RESERVATIONS CONTAINED IN ARTICLES 48 AND 56 OF THE EEC TREATY PERMIT MEMBER STATES TO ADOPT , WITH RESPECT TO THE NATIONALS OF OTHER MEMBER STATES AND ON THE GROUNDS SPECIFIED IN THOSE PROVISIONS , IN PARTICULAR GROUNDS JUSTIFIED BY THE REQUIREMENTS OF PUBLIC POLICY , MEASURES WHICH THEY CANNOT APPLY TO THEIR OWN NATIONALS , INASMUCH AS THEY HAVE NO AUTHORITY TO EXPEL THE LATTER FROM THE NATIONAL TERRITORY OR TO DENY THEM ACCESS THERETO . ALTHOUGH THAT DIFFERENCE OF TREATMENT , WHICH BEARS UPON THE NATURE OF THE MEASURES AVAILABLE , MUST THEREFORE BE ALLOWED , IT MUST NEVERTHELESS BE STRESSED THAT , IN A MEMBER STATE , THE AUTHORITY EMPOWERED TO ADOPT SUCH MEASURES MUST NOT BASE THE EXERCISE OF ITS POWERS ON ASSESSMENTS OF CERTAIN CONDUCT WHICH WOULD HAVE THE EFFECT OF APPLYING AN ARBITRARY DISTINCTION TO THE DETRIMENT OF NATIONALS OF OTHER MEMBER STATES .
8 IT SHOULD BE NOTED IN THAT REGARD THAT RELIANCE BY A NATIONAL AUTHORITY UPON THE CONCEPT OF PUBLIC POLICY PRESUPPOSES , AS THE COURT HELD IN ITS JUDGMENT OF 27 OCTOBER 1977 IN CASE 30/77 BOUCHEREAU ( 1977 ) ECR 1999 , THE EXISTENCE OF ' ' A GENUINE AND SUFFICIENTLY SERIOUS THREAT AFFECTING ONE OF THE FUNDAMENTAL     INTERESTS OF SOCIETY ' ' . ALTHOUGH COMMUNITY LAW DOES NOT IMPOSE UPON THE MEMBER STATES A UNIFORM SCALE OF VALUES AS REGARDS THE ASSESSMENT OF CONDUCT WHICH MAY BE CONSIDERED AS CONTRARY TO PUBLIC POLICY , IT SHOULD NEVERTHELESS BE STATED THAT CONDUCT MAY NOT BE CONSIDERED AS BEING OF A SUFFICIENTLY SERIOUS NATURE TO JUSTIFY RESTRICTIONS ON THE ADMISSION TO OR RESIDENCE WITHIN THE TERRITORY OF A MEMBER STATE OF A NATIONAL OF ANOTHER MEMBER STATE IN A CASE WHERE THE FORMER MEMBER STATE DOES NOT ADOPT , WITH RESPECT TO THE SAME CONDUCT ON THE PART OF ITS OWN NATIONALS REPRESSIVE MEASURES OR OTHER GENUINE AND EFFECTIVE MEASURES INTENDED TO COMBAT SUCH CONDUCT .
9 THE ANSWER TO QUESTIONS 1 TO 9 , 11 AND 12 SHOULD THERFORE BE THAT A MEMBER STATE MAY NOT , BY VIRTUE OF THE RESERVATION RELATING TO PUBLIC POLICY CONTAINED IN ARTICLES 48 AND 56 OF THE TREATY , EXPEL A NATIONAL OF ANOTHER MEMBER STATE FROM ITS TERRITORY OR REFUSE HIM ACCESS TO ITS TERRITORY BY REASON OF CONDUCT WHICH , WHEN ATTRIBUTABLE TO THE FORMER STATE ' S OWN NATIONALS , DOES NOT GIVE RISE TO REPRESSIVE MEASURES OR OTHER GENUINE AND EFFECTIVE MEASURES INTENDED TO COMBAT SUCH CONDUCT .

THE TENTH QUESTION
12 AS REGARDS THE POSSIBILITY FOR A PERSON AGAINST WHOM A DECISION HAS BEEN TAKEN ORDERING HIS EXPULSION FROM THE TERRITORY OF A MEMBER STATE TO BE RE-ADMITTED TO THE TERRITORY OF THE STATE IN QUESTION AND APPLY THERE FOR A FRESH RESIDENCE PERMIT , IT MUST BE STRESSED THAT ANY NATIONAL OF A MEMBER STATE WHO WISHES TO SEEK EMPLOYMENT IN ANOTHER MEMBER STATE MAY RE-APPLY FOR A RESIDENCE PERMIT . SUCH AN APPLICATION , WHEN SUBMITTED AFTER A REASONABLE PERIOD HAS ELAPSED , MUST BE EXAMINED BY THE COMPETENT ADMINISTRATIVE AUTHORITY IN THE HOST STATE , WHICH MUST TAKE INTO ACCOUNT , IN PARTICULAR , THE ARGUMENTS PUT FORWARD BY THE PERSON CONCERNED PURPORTING TO ESTABLISH THAT THERE HAS BEEN A MATERIAL CHANGE IN THE CIRCUMSTANCES WHICH JUSTIFIED THE FIRST DECISION ORDERING HIS EXPULSION . HOWEVER , WHERE SUCH A DECISION HAS BEEN VALIDLY ADOPTED IN HIS CASE IN ACCORDANCE WITH COMMUNITY LAW AND CONTINUES TO BE LEGALLY EFFECTIVE SO AS TO EXCLUDE HIM FROM THE TERRITORY OF THE STATE IN QUESTION , COMMUNITY LAW CONTAINS NO PROVISION CONFERRING UPON HIM A RIGHT OF ENTRY INTO THAT TERRITORY DURING THE EXAMINATION OF HIS FURTHER APPLICATION .

THE FOURTEENTH QUESTION
13 ARTICLE 6 OF DIRECTIVE NO 64/221 PROVIDES THAT THE PERSON CONCERNED IS TO BE INFORMED OF THE GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH UPON WHICH THE DECISION TAKEN IN HIS CASE IS BASED UNLESS THIS IS CONTRARY TO THE INTERESTS OF THE SECURITY OF THE STATE . IT IS CLEAR FROM THE PURPOSE OF THE DIRECTIVE THAT THE NOTIFICATION OF THE GROUNDS MUST BE SUFFICIENTLY DETAILED AND PRECISE TO ENABLE THE PERSON CONCERNED TO DEFEND HIS INTERESTS . AS REGARDS THE LANGUAGE TO BE USED , IT APPEARS FROM THE FILE ON THE CASE THAT THE PLAINTIFFS IN THE MAIN PROCEEDINGS ARE OF FRENCH NATIONALITY AND THAT THE DECISIONS AFFECTING THEM WERE DRAWN UP IN FRENCH , SO THAT THE RELEVANCE OF THE QUESTION IS NOT CLEAR . IT IS SUFFICIENT IN ANY EVENT IF THE NOTIFICATION IS MADE IN SUCH A WAY AS TO ENABLE THE PERSON CONCERNED TO COMPREHEND THE CONTENT AND EFFECT THEREOF .

II - QUESTIONS REGARDING PROCEDURAL SAFEGUARDS
15 THE OBJECT OF ARTICLE 9 ( 1 ) OF THE DIRECTIVE IS TO ENSURE A MINIMUM PROCEDURAL SAFEGUARD FOR PERSONS AGAINST WHOM AN EXPULSION MEASURE HAS BEEN ADOPTED . WHERE ANY APPEAL TO A COURT OF LAW AGAINST ADMINISTRATIVE MEASURES RELATES ONLY TO THE LEGAL VALIDITY OF THE DECISION , THE INTERVENTION ON THE PART OF THE COMPETENT AUTHORITY MUST MAKE IT POSSIBLE FOR AN EXAMINATION TO BE MADE OF THE FACTS AND CIRCUMSTANCES , INCLUDING THE DISCRETIONARY FACTORS ON WHICH THE MEASURE IN QUESTION WAS BASED , BEFORE THE DECISION IS DEFINITIVELY ADOPTED . THE PERSON CONCERNED MUST BE ENTITLED TO PUT FORWARD TO THE COMPETENT AUTHORITY HIS ARGUMENTS IN DEFENCE AND TO BE ASSISTED OR REPRESENTED IN SUCH CONDITIONS AS TO PROCEDURE AS ARE PROVIDED FOR BY DOMESTIC LEGISLATION . PARAGRAPH ( 2 ) OF THE SAME ARTICLE PROVIDES THAT PERSONS AGAINST WHOM DECISIONS HAVE BEEN ADOPTED REFUSING THE ISSUE OF A FIRST RESIDENCE PERMIT OR ORDERING EXPULSION BEFORE THE ISSUE OF THE PERMIT MAY REQUEST THAT SUCH DECISIONS BE CONSIDERED BY THE COMPETENT AUTHORITY .
16 THE DIRECTIVE DOES NOT SPECIFY HOW THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 9 IS APPOINTED . IT DOES NOT REQUIRE THAT AUTHORITY TO BE A COURT OR TO BE COMPOSED OF MEMBERS OF THE JUDICIARY . NOR DOES IT REQUIRE THE MEMBERS OF THE COMPETENT AUTHORITY TO BE APPOINTED FOR A SPECIFIC PERIOD . THE ESSENTIAL REQUIREMENT IS THAT IT SHOULD BE CLEARLY ESTABLISHED THAT THE AUTHORITY IS TO PERFORM ITS DUTIES IN ABSOLUTE INDEPENDENCE AND IS NOT TO BE DIRECTLY OR INDIRECTLY SUBJECT , IN THE EXERCISE OF ITS DUTIES , TO ANY CONTROL BY THE AUTHORITY EMPOWERED TO TAKE THE MEASURES PROVIDED FOR IN THE DIRECTIVE . PROVIDED THAT THAT REQUIREMENT IS SATISFIED , IT IS NOT CONTRARY TO THE PROVISIONS OF THE DIRECTIVE , OR TO ITS PUPOSE , FOR THE REMUNERATION OF THE MEMBERS OF THE AUTHORITY TO BE CHARGED TO THE BUDGET OF THE DEPARTMENT OF THE ADMINISTRATION OF WHICH THE AUTHORITY EMPOWERED TO TAKE THE DECISION IN QUESTION FORMS PART OR FOR AN OFFICIAL BELONGING TO THAT ADMINISTRATION TO SERVE AS SECRETARY TO THE COMPETENT AUTHORITY .
18 AS REGARDS THE FORM OF THE OPINION OF THE COMPETENT AUTHORITY , IT IS EVIDENT FROM THE OBJECTIVES OF THE SYSTEM PROVIDED FOR BY THE DIRECTIVE THAT THE OPINION MUST BE DULY NOTIFIED TO THE PERSON CONCERNED BUT THE DIRECTIVE DOES NOT REQUIRE THE OPINION TO IDENTIFY BY NAME THE MEMBERS OF THE AUTHORITY OR INDICATE THEIR PROFESSIONAL STATUS .