ECJ The right of nationals of a member state to enter the territory of another member state and reside there is a right conferred directly, on any person falling within the scope of community law, by the Treaty, especially articles 48, 52 and 59 or where appropriate, by the provisions adopted.
For its implementation, independently of any residence permit issued by the host state. The exception concerning the safeguard of public policy, public security and public health contained in articles 48(3) and 56(1) of the treaty must be regarded not as a condition precedent to the acquisition of the right of entry and residence but as providing the possibility, in individual cases where there is sufficient justification, of imposing restrictions on the exercise of a right derived directly from the treaty.
Article 4 of directive no 78/360 entails an obligation for member states to issue a residence permit to any person who provides proof, by means of the appropriate documents, that he belongs to one of the categories set out in article 1 of the directive.
The mere failure by a national of a member state to comply with the formalities concerning the entry, movement and residence of aliens is not of such a nature as to constitute in itself conduct threatening public policy, and public security and cannot therefore, by itself, justify a measure ordering expulsion or temporary imprisonment for that purpose.
A decision ordering expulsion cannot be executed, save in cases of urgency which have been properly justified, against a person protected by community law until the party concerned has been able to exhaust the remedies guaranteed by articles 8 and 9 of directive no 64/221.
Articles 53 and 62 of the treaty prohibit the introduction by a member state of new restrictions on the establishment of nationals of other member states and the freedom to provide services which has in fact been attained and prevent the member states from reverting to less liberal provisions or practices in so far as the liberalization measures already adopted constitute the implementation of obligations arising from the provisions and objectives of the treaty.
The freedom left to the member states by article 189 as to the choice of forms and methods of implemen- tation of directives does not affect their obligation to choose the most appropriate forms and methods to ensure the effectiveness of the directives.
Citations:
R-48/75, [1976] EUECJ R-48/75, [1976] ECR 497, [1977] ICR 314, [1976] 2 CMLR 619
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Cited by:
Cited – Zalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 21 June 2022; Ref: scu.214477
