Keywords
Summary

Keywords

Freedom of movement for persons - Right of entry and residence for nationals of Member States - Obligation to hold a residence permit - Checks and penalties in the event of failure to comply - Permissible - Conditions

(EC Treaty, Arts. 48, 52 and 59; Council Directives 68/360, Art. 4, and 73/148, Art. 4)

Summary

Community law does not prevent a Member State from carrying out checks on compliance with the obligation to be able to produce a residence permit at all times, provided that it imposes the same obligation on its own nationals as regards their identity card.

In the event of failure to comply with that obligation, the national authorities are entitled to impose penalties comparable to those attaching to minor offences committed by their own nationals, such as those laid down in respect of failure to carry an identity card, provided that they do not impose a penalty so disproportionate that it becomes an obstacle to the free movement of workers.

It follows that a Member State which treats nationals of other Member States residing in its territory disproportionately differently, as regards the degree of fault and scale of fines, from its own nationals when they commit a comparable infringement of the obligation to carry a valid identity document, fails to fulfil its obligations under Articles 48, 52 and 59 of the Treaty, Article 4 of Directive 68/360 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families and Article 4 of Directive 73/148 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services.