EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 61975CJ0036

Az ítélet összefoglalása

A Bíróság 1975. október 28-i ítélete.
Roland Rutili kontra Ministre de l'intérieur.
Előzetes döntéshozatal iránti kérelem: Tribunal administratif de Paris - Franciaország.
36-75. sz. ügy

Keywords
Summary

Keywords

++++

1 . WORKERS - FREEDOM OF MOVEMENT - LIMITATIONS - NATIONAL PUBLIC POLICY - SCOPE - NATIONAL PROVISIONS - INDIVIDUAL DECISIONS

( EEC TREATY, ARTICLE 48 )

2 . WORKERS - FREEDOM OF MOVEMENT - EQUALITY OF TREATMENT - FUNDAMENTAL PRINCIPLES - DEROGATION - NATIONAL PUBLIC POLICY - CONCEPT - STRICT INTERPRETATION

( EEC TREATY, ARTICLES 7 AND 48 )

3 . WORKERS - FREEDOM OF MOVEMENT - NATIONALS OF MEMBER STATES - RIGHTS - RESTRICTIONS - NATIONAL PUBLIC POLICY - THREAT - REALITY - GRAVITY

( EEC TREATY, ARTICLE 48 )

4 . WORKERS - FREEDOM OF MOVEMENT - LIMITATIONS - NATIONAL PUBLIC POLICY - MEMBER STATES - POWERS - LIMITS - NATIONALS OF MEMBER STATES - RIGHTS - SAFEGUARDS - RULES OF SUBSTANTIVE LAW - PERSONAL CONDUCT - EXERCISE OF TRADE UNION RIGHTS - PROCEDURAL PROVISIONS - NOTIFICATION - STATEMENT OF GROUNDS - LEGAL REMEDIES

( EEC TREATY, ARTICLE 48 )

5 . WORKERS - FREEDOM OF MOVEMENT - RIGHT OF RESIDENCE -

5 . WORKERS - FREEDOM OF MOVEMENT - RIGHT OF RESIDENCE - PROHIBITION - RESTRICTION TO PART OF THE TERRITORY - EQUALITY OF TREATMENT

( EEC TREATY, ARTICLES 7 AND 48 )

Summary

1 . THE EXPRESSION 'SUBJECT TO LIMITATIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY' IN ARTICLE 48 CONCERNS NOT ONLY THE LEGISLATIVE PROVISIONS ADOPTED BY EACH MEMBER STATE TO LIMIT WITHIN ITS TERRITORY FREEDOM OF MOVEMENT AND RESIDENCE FOR NATIONALS OF OTHER MEMBER STATES BUT CONCERNS ALSO INDIVIDUAL DECISIONS TAKEN IN APPLICATION OF SUCH LEGISLATIVE PROVISIONS .

2 . THE CONCEPT OF PUBLIC POLICY MUST, IN THE COMMUNITY CONTEXT, AND WHERE, IN PARTICULAR, IT IS USED AS A JUSTIFICATION FOR DEROGATING FROM THE FUNDAMENTAL PRINCIPLES OF EQUALITY OF TREATMENT AND FREEDOM OF MOVEMENT FOR WORKERS, BE INTERPRETED STRICTLY, SO THAT ITS SCOPE CANNOT BE DETERMINED UNILATERALLY BY EACH MEMBER STATE WITHOUT BEING SUBJECT TO CONTROL BY THE INSTITUTIONS OF THE COMMUNITY .

3 . RESTRICTIONS CANNOT BE IMPOSED ON THE RIGHT OF A NATIONAL OF ANY MEMBER STATE TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE, TO STAY THERE AND TO MOVE WITHIN IT UNLESS HIS PRESENCE OR CONDUCT CONSTITUTES A GENUINE AND SUFFICIENTLY SERIOUS THREAT TO PUBLIC POLICY .

4 . AN APPRAISAL AS TO WHETHER MEASURES DESIGNED TO SAFEGUARD PUBLIC POLICY ARE JUSTIFIED MUST HAVE REGARD TO ALL RULES OF COMMUNITY LAW THE OBJECT OF WHICH IS, ON THE ONE HAND, TO LIMIT THE DISCRETIONARY POWER OF MEMBER STATES IN THIS RESPECT AND, ON THE OTHER, TO ENSURE THAT THE RIGHTS OF PERSONS SUBJECT THEREUNDER TO RESTRICTIVE MEASURES ARE PROTECTED .

THESE LIMITATIONS AND SAFEGUARDS ARISE, IN PARTICULAR, FROM THE DUTY IMPOSED ON MEMBER STATES TO BASE THE MEASURES ADOPTED EXCLUSIVELY ON THE PERSONAL CONDUCT OF THE INDIVIDUALS CONCERNED, TO REFRAIN FROM ADOPTING ANY MEASURES IN THIS RESPECT WHICH SERVICE ENDS UNRELATED TO THE REQUIREMENTS OF PUBLIC POLICY OR WHICH ADVERSELY AFFECT THE EXERCISE OF TRADE UNION RIGHTS AND, FINALLY, UNLESS THIS IS CONTRARY TO THE INTERESTS OF THE SECURITY OF THE STATE INVOLVED, IMMEDIATELY TO INFORM ANY PERSON AGAINST WHOM A RESTRICTIVE MEASURE HAS BEEN ADOPTED OF THE GROUNDS ON WHICH THE DECISION TAKEN IS BASED TO ENABLE HIM TO MAKE EFFECTIVE USE OF LEGAL REMEDIES .

5 . MEASURES RESTRICTING THE RIGHT OF RESIDENCE WHICH ARE LIMITED TO PART ONLY OF THE NATIONAL TERRITORY MAY NOT BE IMPOSED BY A MEMBER STATE ON NATIONALS OF OTHER MEMBER STATES WHO ARE SUBJECT TO THE PROVISIONS OF THE TREATY EXCEPT IN THE CASES AND CIRCUMSTANCES IN WHICH SUCH MEASURES MAY BE APPLIED TO NATIONALS OF THE STATE CONCERNED .

Top