Keywords
Summary

Keywords

1 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - RIGHT OF ENTRY AND RESIDENCE - RIGHT DIRECTLY CONFERRED BY COMMUNITY LAW - ACKNOWLEDGEMENT - SPECIAL RESIDENCE DOCUMENT - ISSUE - DECLARATORY EFFECT - NOT TO BE ASSIMILATED TO GENERAL RESIDENCE PERMIT FOR ALIENS - NO DISCRETION ON THE PART OF NATIONAL AUTHORITIES

( EEC TREATY , ARTICLE 48 ; DIRECTIVE NO 68/360 , ARTICLE 4 )

2 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - DOCUMENT PRESCRIBED BY DIRECTIVE NO 68/360 - GENERAL RESIDENCE PERMIT - REQUIREMENT BY A MEMBER STATE - PENALTIES - NOT PERMISSIBLE

( DIRECTIVE NO 68/360 , ARTICLE 4 ( 2 ) AND ANNEX )

3 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - GENERAL RESIDENCE PERMIT - NATIONAL PROVISIONS - NON-CONFORMITY WITH COMMUNITY LAW - INFRINGEMENT - DIRECTIVE NO 68/360 - NATIONAL IMPLEMENTING MEASURES - INFRINGEMENT - INCREASE IN PENALTIES - NOT PERMISSIBLE

4 . FREEDOM OF MOVEMENT FOR PERSONS - NATIONALS OF MEMBER STATES - DOCUMENTS OF IDENTITY REFERRED TO IN DIRECTIVE NO 68/360 - PENALTIES - NATURE OF OFFENCE COMMITTED - PROPORTIONALITY

( EEC TREATY , ARTICLE 7 ; DIRECTIVE NO 68/360 )

Summary

1 . THE RIGHT OF NATIONALS OF MEMBER STATES TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE AND TO RESIDE THERE FOR THE PURPOSES MENTIONED IN THE TREATY FOLLOWS DIRECTLY FROM THE TREATY OR FROM THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION .

THE ISSUE OF THE SPECIAL RESIDENCE DOCUMENT PROVIDED FOR IN ARTICLE 4 OF COUNCIL DIRECTIVE NO 68/360 OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES HAS ONLY A DECLARATORY EFFECT ; FOR ALIENS TO WHOM ARTICLE 48 OF THE TREATY OR PARALLEL PROVISIONS GIVE RIGHTS , IT CANNOT BE ASSIMILATED TO A RESIDENCE PERMIT SUCH AS IS PRESCRIBED FOR ALIENS IN GENERAL , IN CONNEXION WITH THE ISSUE OF WHICH THE NATIONAL AUTHORITIES HAVE A DISCRETION .

2 . A MEMBER STATE MAY NOT REQUIRE FROM A PERSON ENJOYING THE PROTECTION OF COMMUNITY LAW THAT HE SHOULD POSSESS A GENERAL RESIDENCE PERMIT INSTEAD OF THE DOCUMENT PROVIDED FOR IN ARTICLE 4 ( 2 ) OF DIRECTIVE NO 68/360 IN CONJUNCTION WITH THE ANNEX THERETO NOR MAY IT IMPOSE PENALTIES FOR THE FAILURE TO POSSESS SUCH A PERMIT .

3 . THE FORCE OF RES JUDICATA ARISING FROM A PRIOR CONVICTION ARRIVED AT ON THE BASIS OF NATIONAL PROVISIONS NOT IN ACCORDANCE WITH THE REQUIREMENTS OF COMMUNITY LAW CANNOT JUSTIFY AN INCREASE IN THE PENALTIES TO BE IMPOSED FOR AN INFRINGEMENT OF THE PROVISIONS WHICH A MEMBER STATE HAS ADOPTED TO SECURE THE APPLICATION OF DIRECTIVE NO 68/360 IN ITS TERRITORY .

4 . IT IS FOR THE COMPETENT AUTHORITIES OF EACH MEMBER STATE TO IMPOSE PENALTIES WHERE APPROPRIATE ON A PERSON SUBJECT TO THE PROVISIONS OF COMMUNITY LAW WHO HAS FAILED TO PROVIDE HIMSELF WITH ONE OF THE DOCUMENTS OF IDENTITY REFERRED TO IN ARTICLE 3 ( 1 ) OF DIRECTIVE NO 68/360 BUT THE PENALTIES IMPOSED MUST NOT BE DISPROPORTIONATE TO THE NATURE OF THE OFFENCE COMMITTED .