Van Duyn v Home Office: ECJ 4 Dec 1974

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’.


(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



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Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 21 May 2022; Ref: scu.132382