Keywords
Summary

Keywords

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Free movement of persons - Right of entry and residence of nationals of Member States - Obligation to carry residence or establishment permit at all times - Check at the time of entry into the territory of a Member State - Permissibility - Conditions

( Council Directives 68/360, Art . 3, and 73/148, Art . 3 )

Summary

Community law does not prevent a Member State from checking, within its territory, compliance with the obligation imposed on persons enjoying a right of residence under Community law to carry their residence or establishment permit at all times, where an identical obligation is imposed on its own nationals as regards their identity card .

The carrying out of such controls at the time of entry into the territory of a Member State is not prohibited by the wording of Directives 68/360 and 73/148, according to which the only precondition which Member States may impose on the right of entry into their territory for the persons covered by those directives is the production of a valid identity card or passport, if those controls are not a condition of entry into the territory of the Member State in question . However, such controls may, depending on the circumstances, constitute a barrier to the free movement of persons within the Community . That would be the case in particular if it were found that the controls were carried out in a systematic, arbitrary or unnecessarily restrictive manner .