Keywords
Summary

Keywords

1 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Prohibition - Scope - Member State nationals who visit another Member State where they intend or are likely to receive services and who have the right to freedom of movement as provided for by Article 8a of the Treaty - Covered

(EC Treaty, Arts 6, 8a and 59)

2 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Prohibition - Scope - National rules concerning the language to be used in criminal proceedings - Covered - Conditions

(EC Treaty, Art. 6)

3 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - National rules concerning the language to be used in criminal proceedings - Discrimination against the nationals of other Member States exercising their right to freedom of movement - Prohibited

(EC Treaty, Art. 6)

Summary

4 The situations governed by Community law which are covered by the prohibition of `any discrimination on grounds of nationality', laid down in Article 6 of the Treaty, include those covered by the freedom to provide services, the right to which is laid down in Article 59 of the Treaty. That provision applies to all nationals of Member States who, independently of other freedoms guaranteed by the Treaty, visit another Member State where they intend or are likely to receive services; they are therefore free to visit and move around within the host State. Furthermore, pursuant to Article 8a of the Treaty, `[e]very citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect'.

5 The right conferred by national rules to have criminal proceedings conducted in a language other than the principal language of the State concerned falls within the scope of the Treaty and must comply with Article 6 thereof.

Although, generally speaking, criminal legislation and the rules of criminal procedure are matters for which the Member States are responsible, Community law sets certain limits to their power in that respect. Such legislative provisions may not discriminate against persons to whom Community law gives the right to equal treatment or restrict the fundamental freedoms guaranteed by Community law.

6 Article 6 of the Treaty precludes national rules which, in respect of a particular language other than the principal language of the Member State concerned, confer on citizens whose language is that particular language and who are resident in a defined area the right to require that criminal proceedings be conducted in that language, without conferring the same right on nationals of other Member States travelling or staying in that area, whose language is the same.