Europa The right of community workers to enter the territory of a member state which community law confers may not be made subject to the issue of a clearance to that effect by the authorities of that member state. The restriction which article 48 of the EEC Treaty lays down concerning freedom of movement in the territory of member states, namely limitations justified on grounds of public policy, public security or public health, 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. It does not there- fore justify administrative measures requiring in a general way formalities at the frontier other than simply the production of a valid identity card or passport.
Article 3(2) of council directive no 68/360 prohibiting member states from demanding an entry visa or equivalent requirement for community workers moving within the community must be interpreted as meaning that the phrase ‘ entry visa or equivalent requirement ‘ covers any formality for the purpose of granting leave to enter the territory of a member state which is coupled with a passport or identity card check at the frontier, whatever may be the place or time at which that leave is granted and in whatever form it may be granted.
The issue of the special residence document provided for in article 4 of directive no 68/360 has only a declaratory effect and, for aliens to whom article 48 of the eec treaty or parallel provisions give rights, it cannot be assimilated to a residence permit such as is prescribed for aliens in general. A member state may not therefore require from a person enjoying the protection of community law that he should possess a general residence permit instead of the document provided for by the combined provisions of article 4 of and the annex to directive no 68/360, or impose penalties for the failure to obtain such a permit.
The failure on the part of a national of a member state of the community, to whom the rules on freedom of movement for workers apply, to obtain the special residence permit prescribed in article 4 of directive no 68/360 may not be punished by a recommendation for deportation or by measures which go as far as imprisonment.
Citations:
C-157/79
European, Immigration
Updated: 10 April 2022; Ref: scu.132927