Rutili v Ministre De L’Interieur: ECJ 28 Oct 1975

Europa 1. The expression ‘subject to limitations justified on grounds of public policy’ in article 48 concerns not only the legislative provisions adopted by each member state to limit within its territory freedom of movement and residence for nationals of other member states but concerns also individual decisions taken in application of such legislative provisions. 2. The concept of public policy must, in the community context, and where, in particular, it is used as a justification for derogating from the fundamental principles of equality of treatment and freedom of movement for workers, be interpreted strictly, so that its scope cannot be determined unilaterally by each member state without being subject to control by the institutions of the community. 3. Restrictions cannot be imposed on the right of a national of any member state to enter the territory of another member state, to stay there and to move within it unless his presence or conduct constitutes a genuine and sufficiently serious threat to public policy. 4. An appraisal as to whether measures designed to safeguard public policy are justified must have regard to all rules of community law the object of which is, on the one hand, to limit the discretionary power of member states in this respect and, on the other, to ensure that the rights of persons subject thereunder to restrictive measures are protected. These limitations and safeguards arise, in particular, from the duty imposed on member states to base the measures adopted exclusively on the personal conduct of the individuals concerned, to refrain from adopting any measures in this respect which service ends unrelated to the requirements of public policy or which adversely affect the exercise of trade union rights and, finally, unless this is contrary to the interests of the security of the state involved, immediately to inform any person against whom a restrictive measure has been adopted of the grounds on which the decision taken is based to enable him to make effective use of legal remedies. 5. Measures restricting the right of residence which are limited to part only of the national territory may not be imposed by a member state on nationals of other member states who are subject to the provisions of the treaty except in the cases and circumstances in which such measures may be applied to nationals of the state concerned.


C-36/75, R-36/75, [1975] EUECJ R-36/75, [1975] ECR 1219



Cited by:

CitedMachado v Secretary of State for the Home Deptment CA 19-May-2005
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold . .
Lists of cited by and citing cases may be incomplete.


Updated: 21 May 2022; Ref: scu.132203