Keywords
Summary

Keywords

1. Freedom of movement for persons — Derogations — Decisions on policy regarding aliens — Decision to deport — Judicial protection — Appeal procedure relating only to the lawfulness of the measure and having no suspensory effect — Not permissible in view of the failure to establish a competent authority other than that empowered to take the decision

(Council Directive 64/221, Art. 9(1))

2. Freedom of movement for persons — Derogations — Decisions on policy regarding aliens — Judicial protection — Scope of application ratione personae — Turkish workers and members of their family covered by Articles 6 and 7 of Decision No 1/80 of the EEC-Turkey Association Council — Included

(Directive 64/221, Arts 8 and 9; Decision No 1/80 of the EEC-Turkey Association Council, Arts 6 and 7)

Summary

1. Article 9(1) of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health provides, in the absence of any possibility of an appeal against a decision to expel or where such an appeal relates only to the legality of the decision, or where it has no suspensory effect, for the intervention, save in cases of urgency, of a competent authority other than that empowered to take the decision.

Consequently, that provision must be interpreted as precluding legislation of a Member State under which appeals brought against a decision to expel a national of another Member State from the territory of that first Member State have no suspensory effect and, at the time of examination of such appeal, the decision to expel can be the subject only of an assessment as to its legality, without an exhaustive assessment of the appropriateness of the measure, inasmuch as no competent authority within the meaning of that provision has been established.

(see paras 42, 47, 51, 57, operative part 1)

2. The procedural guarantees available to nationals of Member States against a decision refusing renewal of a residence permit or against a decision to expel laid down in Articles 8 and 9 of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health apply to Turkish nationals whose legal status is defined by Article 6 or Article 7 of Decision No 1/80 of the EEC-Turkey Association Council.

To ensure the effectiveness of judicial protection of individual rights as regards employment and residence to which Turkish workers who fulfil its conditions are entitled by virtue of Article 6(1) of Decision No 1/80, it is essential to grant those workers the same procedural guarantees as those granted by Community law to nationals of Member States. That interpretation is valid also for members of their family whose situation is covered by Article 7 of Decision No 1/80.

(see paras 66-69, operative part 2)