LMA Miss Van Duyn, a Dutch national, wished to enter the UK to take up work with the Church of Scientology. Art 48EC (new Art.39EC) confers rights on the individuals of each Member State to go to another MS (host state) to take up work without being discriminated against as regards employment, remuneration and other conditions of work and employment. The right to free movement of workers is subject to limitations justified on the grounds of public policy, public security or public health. Despite any evidence of ‘personal conduct’ being held against her, the HO refused to admit Miss Van Duyn into the UK.
Held: Miss van Duyn was allowed to invoke the Directive against the HO directly before the Dutch court (i.e. vertical direct effect). Article 3 of Directive 64/221 conferred on individuals rights which were enforceable by them in the courts of Member States and which the national courts must protect.
In relation to its approach to the free movement of workers and public policy within the Treaty of Rome, the court remarked that ‘it is a principle of international law, which the EEC Treaty cannot be assumed to disregard in the relations between member states, that a state is precluded from refusing its own nationals the right of entry or residence’.
Citations:
(1975) 1 CMLR 1, C-41/74, [1974] ECR I 1337, R-41/74, [1974] EUECJ R-41/74, [1975] Ch 358, [1974] ECR 1337
Links:
Cited by:
Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – HB v Secretary of State for the Home Department CA 11-Jul-2008
The claimant appealed against the decision to deport him made on the basis of hs propensity to criminality. The court was asked whether a propensity to commit robberies was a sufficiently serious threat to society to allow expulsion. However it . .
Cited – Regina v Kluxen CACD 14-May-2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals.
Held: Since the 2007 it is not appropriate to recommend . .
Cited – Lukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 21 May 2022; Ref: scu.132382
