Keywords
Summary

Keywords

1 Freedom of movement for persons - Derogations - Decisions regarding foreign nationals - Legal guarantees - Scope - Equal access to legal remedies for own nationals and citizens of other Member States - Remedies available against acts of the administration

(Council Directive 64/221, Art. 8)

2 Freedom of movement for persons - Derogations - Decisions regarding foreign nationals - Decision refusing to issue an initial residence permit - Decision to expel before any residence permit has been issued - Conditions for examination by the competent authority

(Council Directive 64/221, Art. 9)

3 Freedom of movement for persons - Derogations - Decisions regarding foreign nationals - Refusal of right of entry - Fresh application submitted after a reasonable time - Legal guarantees - Opinion of the competent authority

(Council Directive 64/221, Arts 8 and 9)

Summary

4 On a proper construction of Article 8 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, which requires Member States to allow any national of a Member State the same legal remedies in respect of any decision concerning entry, or refusing the issue or renewal of a residence permit, or ordering expulsion from the territory, as are available to nationals of the State concerned in respect of acts of the administration, where under the national legislation of a Member State remedies are available in respect of acts of the administration generally and different remedies are available in respect of decisions concerning entry by nationals of that Member State, the obligation thus imposed is satisfied if nationals of other Member States enjoy the same remedies as those available against acts of the administration generally in that Member State.

5 On a proper construction of Article 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, the three cases mentioned in Article 9(1) (namely `where there is no right of appeal to a court of law, or where such appeal may be only in respect of the legal validity of the decision, or where the appeal cannot have suspensory effect') apply equally as regards Article 9(2), that is to say, where the decision challenged is a refusal to issue a first residence permit or a decision ordering expulsion adopted before the issue of such a permit.

6 A national of a Member State against whom an initial decision refusing entry into another Member State has been made on grounds of public order or public security has a right of appeal under Article 8 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 and, if appropriate, a right to obtain the opinion of an independent competent authority in accordance with Article 9 of the directive, with respect to a fresh decision taken by the administrative authorities on an application made by him after a reasonable time has elapsed since the last decision prohibiting him from entering the country.