Keywords
Summary

Keywords

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FREE MOVEMENT OF PERSONS - NON-DISCRIMINATION - EXCEPTIONS TO BE STRICTLY CONSTRUED - OFFENCE AGAINST NATIONAL PUBLIC POLICY - NATIONAL OF A MEMBER STATE - DEPORTATION - PERSONAL CONDUCT - MEASURE OF A GENERAL PREVENTIVE NATURE - PROHIBITION

( EEC TREATY, ARTICLES 48 AND 56; COUNCIL DIRECTIVE NO 64/221/EEC, ARTICLES 3 ( 1 ) AND ( 2 ))

Summary

DIRECTIVE NO 64/221 SEEKS TO COORDINATE THE MEASURES JUSTIFIED ON GROUNDS OF PUBLIC POLICY AND FOR THE MAINTENANCE OF PUBLIC SECURITY ENVISAGED BY ARTICLES 48 AND 56 OF THE TREATY, IN ORDER TO RECONCILE THE APPLICATION OF THESE MEASURES WITH THE BASIC PRINCIPLE OF THE FREE MOVEMENT OF PERSONS WITHIN THE COMMUNITY AND THE ELIMINATION OF ALL DISCRIMINATION, IN THE APPLICATION OF THE TREATY, BETWEEN THE NATIONALS OF THE STATE IN QUESTION AND THOSE OF THE OTHER MEMBER STATES .

AS DEPARTURES FROM THE RULES CONCERNING THE FREE MOVEMENT OF PERSONS CONSTITUTE EXCEPTIONS WHICH MUST BE STRICTLY CONSTRUED, THE CONCEPT OF 'PERSONAL CONDUCT' EXPRESSES THE REQUIREMENT THAT A DEPORTATION ORDER MAY ONLY BE MADE FOR BREACHES OF THE PEACE WHICH MIGHT BE COMMITTED BY THE INDIVIDUAL AFFECTED .

IT FOLLOWS FROM THIS THAT ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC PREVENTS THE DEPORTATION OF A NATIONAL OF A MEMBER STATE IF SUCH DEPORTATION IS ORDERED FOR THE PURPOSE OF DETERRING OTHER ALIENS, THAT IS, IF IT IS BASED ON REASONS OF A 'GENERAL PREVENTIVE NATURE '.