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European Union Law College - Essay Example

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The general rule for nationals of Member States is that they have free movement within the Community: Article 39. Article 39(3) sets out the rights attaching to freedom of movement of workers in the EU stating that they are subject to limitations justified on grounds of public policy, public security or public health…
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European Union Law College Essay
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European Union Law College

It applies to restrictions on movement and residence; not access to or conditions of employment. Article 55 makes the provisions of Article 46 applicable also to the free movement of services. The public policy, security and health derogations are given a narrow scope and are determined by the ECJ and secondary legislation. Directive 64/2212 provides for the issuing of directives to coordinate these measures. The directive applies to the employed, self-employed and their families, recipients of services, retired persons and students, but not to companies. All the main provisions are directly effective.
The derogations are concerned with the specific characteristics of particular persons. The limit to the exercise and scope of the derogations are set by community law with regard to non-discrimination, proportionality, protection for fundamental rights and the various safeguards in Directive 64/221.3
Directive 64/221 seeks to coordinate all measures relating to entry and deportation from member state territories including the issue and/or renewal of residence permits which can be adopted on grounds of public policy, security and health.
Member States are free to determine the scope of these concepts on the basis of their national legislation and case law, but within the framework of Community law. Specifically member states cannot plead the need to derogate from Directive 64/221 in order to service economic ends4 such as high unemployment. However, any measures taken on grounds of public policy, public security or public health must be justified by a real and sufficiently serious threat to a fundamental interest of society and must be in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the proportionality principle.

Article 4 is a standstill clause and covers public health exceptions and refers to illnesses in the Annex to the directive. Diseases fall under 2 headings in the Annex. The first heading covers those diseases which are subject to quarantine and listed by the World Health Organisation and are highly infectious specifically mentioned are active or incipient tuberculosis, syphilis, and other infectious diseases or contagious parasitic diseases if they are the subject of provisions for the protection of nationals of the host country.

The second heading covers diseases and disabilities which threaten public policy or security such as drug addiction; profound mental disturbance; manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion. Article 4(2) provides that diseases or disabilities which occur after the issue of a first residence permit cannot justify refusal to renew a permit or expulsion.

Prima facie the French authorities cannot refuse to renew Enzo's residence permit or to expel him. Although he is a drug addict, his addiction can be shown to have commenced following his arrival in France and the issuing of his first residency permit. He is therefore protected by Article 4(2) which clearly states that the French authorities cannot use his drug addiction to refuse to renew his residence permit or to expel him from their territories in these circumstances.

One wonders whether the French authorities may be able to refuse renewal of his residence permit or to expel him under the public policy ground for drug possession. Firstly it is not ... Read More
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