European Union Law College Essay

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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.


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. ...
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