Keywords
Summary

Keywords

1 . FREE MOVEMENT OF PERSONS - DEROGATIONS - GROUNDS OF PUBLIC POLICY - CONCEPT - SUFFICIENTLY SERIOUS MISCONDUCT - CRITERIA

( EEC TREATY , ART . 48 ( 3 ) AND ART . 56 ( 1 ))

2 . FREE MOVEMENT OF PERSONS - DEROGATIONS - GROUNDS OF PUBLIC POLICY - MEASURES NOT JUSTIFIED BY THE INDIVIDUAL CASE - NOT PERMISSIBLE

( COUNCIL DIRECTIVE NO 64/221/EEC , ART . 3 ( 1 ))

3 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO THE CONTROL OF ALIENS - PERSONS IN RESPECT OF WHOM AN EXPULSION ORDER HAS BEEN VALIDLY ADOPTED - FRESH APPLICATION FOR A RESIDENCE PERMIT - HOST STATE ' S OBLIGATION TO EXAMINE SUCH AN APPLICATION - RIGHT OF ACCESS OF THE PERSON CONCERNED TO THE TERRITORY OF THE MEMBER STATE DURING THE EXAMINATION OF THE APPLICATION - NO SUCH RIGHT

( EEC TREATY , ART . 48 ( 3 ))

4 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO THE CONTROL OF ALIENS - EXPULSION ORDER - STATEMENT OF GROUNDS ON WHICH IT IS BASED - EXTENT OF THE OBLIGATION

5 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO THE CONTROL OF ALIENS - PROCEDURE FOR REVIEW AND THE ISSUE OF AN OPINION BY THE COMPETENT AUTHORITY - COMPETENT AUTHORITY - PRESCRIBED CONDITION - ABSOLUTELY INDEPENDENT EXERCISE OF DUTIES - COURT - AUTHORITY COMPOSED OF MEMBERS OF THE JUDICIARY - CONDITIONS NOT NECESSARY

( COUNCIL DIRECTIVE NO 64/221/EEC , ART . 9 )

6 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISIONS RELATING TO THE CONTROL OF ALIENS - PROCEDURE FOR REVIEW AND THE ISSUE OF AN OPINION BY THE COMPETENT AUTHORITY - DIRECT APPLICATION BY THE PERSON CONCERNED TO THE COMPETENT AUTHORITY - COMPULSORY PROCEDURE - NON-EXISTENCE THEREOF - POWERS OF THE MEMBER STATES - LIMITS

( COUNCIL DIRECTIVE NO 64/221/EEC , ART . 9 ( 2 ))

7 . FREE MOVEMENT OF PERSONS - DEROGATIONS - DECISION RELATING TO THE CONTROL OF ALIENS - PROCEDURE FOR REVIEW AND THE ISSUE OF AN OPINION BY THE COMPETENT AUTHORITY - APPLICATION OF NATIONAL RULES OF PROCEDURE - CONDITIONS

( COUNCIL DIRECTIVE NO 64/221/EEC , ART . 9 )

Summary

1 . RELIANCE BY A NATIONAL AUTHORITY UPON THE CONCEPT OF PUBLIC POLICY PRESUPPOSES THE EXISTENCE OF A GENUINE AND SUFFICIENTLY SERIOUS THREAT AFFECTING ONE OF THE FUNDAMENTAL INTERESTS OF SOCIETY . ALTHOUGH COMMUNITY LAW DOES NOT IMPOSE UPON THE MEMBER STATES A UNIFORM SCALE OF VALUES AS REGARDS THE ASSESSMENT OF CONDUCT WHICH MAY BE CONSIDERED CONTRARY TO PUBLIC POLICY , CONDUCT MAY NOT BE CONSIDERED AS BEING OF A SUFFICIENTLY SERIOUS NATURE TO JUSTIFY RESTRICTIONS ON THE ADMISSION TO OR RESIDENCE WITHIN THE TERRITORY OF A MEMBER STATE OF A NATIONAL OF ANOTHER MEMBER STATE IN A CASE WHERE THE FORMER MEMBER STATE DOES NOT ADOPT , WITH RESPECT TO THE SAME CONDUCT ON THE PART OF ITS OWN NATIONALS , REPRESSIVE MEASURES OR OTHER GENUINE AND EFFECTIVE MEASURES INTENDED TO COMBAT SUCH CONDUCT .

2 . BY VIRTUE OF ARTICLE 3 ( 1 ) OF DIRECTIVE NO 64/221 , CIRCUMSTANCES NOT RELATED TO THE SPECIFIC CASE MAY NOT BE RELIED UPON IN RESPECT OF CITIZENS OF MEMBER STATES OF THE COMMUNITY AS JUSTIFICATION FOR MEASURES INTENDED TO SAFEGUARD PUBLIC POLICY AND PUBLIC SECURITY .

3 . ANY NATIONAL OF A MEMBER STATE WHO WISHES TO SEEK EMPLOYMENT IN ANOTHER MEMBER STATE MAY , EVEN IF A DECISION HAS BEEN TAKEN ORDERING HIS EXPULSION FROM THE TERRITORY OF THAT MEMBER STATE , RE-APPLY FOR A RESIDENCE PERMIT . SUCH AN APPLICATION , WHEN SUBMITTED AFTER A REASONABLE PERIOD HAS ELAPSED , MUST BE EXAMINED BY THE COMPETENT ADMINISTRATIVE AUTHORITY IN THE HOST STATE , WHICH MUST TAKE INTO ACCOUNT , IN PARTICULAR , THE ARGUMENTS PUT FORWARD BY THE PERSON CONCERNED PURPORTING TO ESTABLISH THAT THERE HAS BEEN A MATERIAL CHANGE IN THE CIRCUMSTANCES WHICH JUSTIFIED THE FIRST DECISION ORDERING HIS EXPULSION . HOWEVER , WHERE SUCH A DECISION HAS BEEN VALIDLY ADOPTED IN HIS CASE IN ACCORDANCE WITH COMMUNITY LAW AND CONTINUES TO BE LEGALLY EFFECTIVE SO AS TO EXCLUDE HIM FROM THE TERRITORY OF THE STATE IN QUESTION , COMMUNITY LAW CONTAINS NO PROVISION CONFERRING UPON HIM A RIGHT OF ENTRY INTO THAT TERRITORY DURING THE EXAMINATION OF HIS FURTHER APPLICATION .

4 . THE NOTIFICATION OF THE GROUNDS RELIED UPON TO JUSTIFY AN EXPULSION MEASURE OR A REFUSAL TO ISSUE A RESIDENCE PERMIT MUST BE SUFFICIENTLY DETAILED AND PRECISE TO ENABLE THE PERSON CONCERNED TO DEFEND HIS INTERESTS .

5 . AS REGARDS THE COMPOSITION OF THE COMPETENT AUTHORITY PROVIDED FOR IN ARTICLE 9 OF DIRECTIVE NO 64/221 , THE ESSENTIAL REQUIREMENT IS THAT IT SHOULD BE CLEARLY ESTABLISHED THAT THE AUTHORITY IS TO PERFORM ITS DUTIES IN ABSOLUTE INDEPENDENCE AND IS NOT TO BE DIRECTLY OR INDIRECTLY SUBJECT , IN THE EXERCISE OF ITS DUTIES , TO ANY CONTROL BY THE AUTHORITY EMPOWERED TO TAKE THE MEASURES PROVIDED FOR IN THE DIRECTIVE .

6 . ALTHOUGH ARTICLE 9 ( 2 ) OF DIRECTIVE NO 64/221 DOES NOT PREVENT THE PERSON CONCERNED FROM MAKING A DIRECT APPLICATION TO THE COMPETENT AUTHORITY IT DOES NOT REQUIRE SUCH AN APPLICATION AND IT ALLOWS THE MEMBER STATE A CHOICE IN THAT RESPECT , PROVIDED THAT THE PERSON CONCERNED IS ENTITLED TO MAKE SUCH AN APPLICATION IF HE SO REQUESTS .

7 . THE CONDITIONS ON WHICH THE PERSON CONCERNED MUST BE ENTITLED TO PUT FORWARD TO THE COMPETENT AUTHORITY HIS ARGUMENTS IN DEFENCE AND TO BE ASSISTED OR REPRESENTED IN SUCH CONDITIONS AS TO PROCEDURE AS ARE PROVIDED FOR BY DOMESTIC LEGISLATION MUST NOT BE LESS FAVOURABLE TO HIM THAN THE CONDITIONS APPLICABLE TO PROCEEDINGS BEFORE OTHER NATIONAL AUTHORITIES OF THE SAME TYPE .