Keywords
Summary

Keywords

1 . EEC TREATY - ARTICLE 220 , FIRST INDENT - SCOPE - OBJECTIVE SET

( EEC TREATY , ART . 220 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - WORKERS - EQUAL TREATMENT - SOCIAL ADVANTAGES - USE OF LANGUAGES IN COURTS OF CRIMINAL JURISDICTION - EXCEPTIONS MADE IN CERTAIN CIRCUMSTANCES FOR NATIONALS - EXTENSION TO A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE AND FULFILS THE CONDITIONS REQUIRED OF NATIONALS OF THE FIRST MEMBER STATE

( EEC TREATY , ART . 48 ; REGULATION NO 1612/68 OF THE COUNCIL , ART . 7 ( 2 ))

Summary

1 . IN SO FAR AS IT PROVIDES THAT THE MEMBER STATES SHALL , SO FAR AS IS NECESSARY , ENTER INTO NEGOTIATIONS WITH EACH OTHER WITH A VIEW TO SECURING FOR THEIR NATIONALS ' THE PROTECTION OF PERSONS AND THE PROTECTION AND ENJOYMENT OF RIGHTS UNDER THE SAME CONDITIONS AS THOSE ACCORDED BY EACH STATE TO ITS OWN NATIONALS ' , THE FIRST INDENT OF ARTICLE 220 OF THE EEC TREATY IS NOT INTENDED TO LAY DOWN A LEGAL RULE DIRECTLY APPLICABLE AS SUCH , BUT MERELY DEFINES AS AN OBJECTIVE THE EXTENSION BY EACH MEMBER STATE TO THE NATIONALS OF THE OTHER MEMBER STATES OF THE GUARANTEES ACCORDED BY IT TO ITS OWN NATIONALS .

2 . THE PRINCIPLE OF FREE MOVEMENT OF WORKERS , AS LAID DOWN IN ARTICLE 48 OF THE TREATY AND MORE PARTICULARLY IN REGULATION NO 1612/68 OF THE COUNCIL , REQUIRES THAT A WORKER WHO IS A NATIONAL OF ONE MEMBER STATE AND HABITUALLY RESIDES IN ANOTHER MEMBER STATE BE ENTITLED , UNDER THE SAME CONDITIONS AS A WORKER WHO IS A NATIONAL OF THE HOST MEMBER STATE , TO REQUIRE THAT CRIMINAL PROCEEDINGS AGAINST HIM TAKE PLACE IN A LANGUAGE OTHER THAN THE LANGUAGE NORMALLY USED IN PROCEEDINGS BEFORE THE COURT WHICH TRIES HIM . SUCH AN ENTITLEMENT FALLS WITHIN THE MEANING OF THE TERM ' SOCIAL ADVANTAGE ' AS USED IN ARTICLE 7 ( 2 ) OF THAT REGULATION .