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Document 61977CJ0030

Sommarju tas-sentenza

Sentenza tal-Qorti tal-Ġustizzja tas-27 ta' Ottubru 1977.
Régina vs Pierre Bouchereau.
Talba għal deċiżjoni preliminari: Marlborough Street Magistrates' Court, London - ir-Renju Unit.
Kawża 30-77.

Keywords
Summary

Keywords

1 . COMMUNITY LAW - MULTILINGUAL TEXTS - UNIFORM INTERPRETATION - DIVERGENCE BETWEEN THE DIFFERENT LANGUAGE VERSIONS - GENERAL SCHEME AND PURPOSE OF THE RULES IN QUESTION AS A BASIS FOR REFERENCE

2 . FREE MOVEMENT OF PERSONS - ' MEASURE ' WITHIN THE MEANING OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC - CONCEPT - RECOMMENDATION BY A COURT TO THE EXECUTIVE AUTHORITY THAT A NATIONAL OF ANOTHER MEMBER STATE BE DEPORTED - INCLUSION - CONDITIONS

3 . FREE MOVEMENT OF PERSONS - RESTRICTIONS - GROUNDS - PREVIOUS CRIMINAL CONVICTIONS - LIMITATION - PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY

( COUNCIL DIRECTIVE NO 64/221/EEC , ARTICLE 3 ( 2 ))

4 . FREE MOVEMENT OF PERSONS - RESTRICTIONS - GROUNDS - PUBLIC POLICY - CONCEPT

( EEC TREATY , ARTICLE 48 )

Summary

1 . THE DIFFERENT LANGUAGE VERSIONS OF A COMMUNITY TEXT MUST BE GIVEN A UNIFORM INTERPRETATION AND HENCE IN THE CASE OF DIVERGENCE BETWEEN THE VERSIONS THE PROVISION IN QUESTION MUST BE INTERPRETED BY REFERENCE TO THE PURPOSE AND GENERAL SCHEME OF THE RULES OF WHICH IT FORMS A PART .

2 . ANY ACTION AFFECTING THE RIGHT OF PERSONS COMING WITHIN THE FIELD OF APPLICATION OF ARTICLE 48 OF THE TREATY TO ENTER AND RESIDE FREELY IN THE MEMBER STATES UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE CONSTITUTES A ' MEASURE ' FOR THE PURPOSES OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC . THAT CONCEPT INCLUDES THE ACTION OF A COURT WHICH IS REQUIRED BY THE LAW TO RECOMMEND IN CERTAIN CASES THE DEPORTATION OF A NATIONAL OF ANOTHER MEMBER STATE , WHERE SUCH RECOM- MENDATION CONSTITUTES A NECESSARY PREREQUISITE FOR A DECISION TO MAKE A DEPORTATION ORDER .

3 . ARTICLE 3 ( 2 ) OF DIRECTIVE NO 64/221/EEC , ACCORDING TO WHICH PREVIOUS CRIMINAL CONVICTIONS DO NOT IN THEMSELVES CONSTITUTE GROUNDS FOR THE IMPOSITION OF THE RESTRICTIONS ON FREE MOVEMENT AUTHORIZED BY ARTICLE 48 OF THE TREATY ON GROUNDS OF PUBLIC POLICY AND PUBLIC SECURITY , MUST BE INTERPRETED TO MEAN THAT PREVIOUS CRIMINAL CONVICTIONS ARE RELEVANT ONLY IN SO FAR AS THE CIRCUMSTANCES WHICH GAVE RISE TO THEM ARE EVIDENCE OF PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY .

4 . IN SO FAR AS IT MAY JUSTIFY CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF PERSONS SUBJECT TO COMMUNITY LAW , RECOURSE BY A NATIONAL AUTHORITY TO THE CONCEPT OF PUBLIC POLICY PRESUPPOSES , IN ANY EVENT , THE EXISTENCE , IN ADDITION TO THE PERTURBATION TO THE SOCIAL ORDER WHICH ANY INFRINGEMENT OF THE LAW INVOLVES , OF A GENUINE AND SUFFICIENTLY SERIOUS THREAT AFFECTING ONE OF THE FUNDAMENTAL INTERESTS OF SOCIETY .

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