A hypothetical situation may arise concerning a Euralian citizen who has been criminally convicted or who has a highly infectious disease. It may be queried whether there are restrictions on the travel or movement of that convict or sick person throughout the Union. While the cited Article 14 -2 of the EC consolidated treaty provides for the free movement of goods and persons, it has some qualifications. The proviso itself contains the phrase "in accordance with the provisions of this Treaty".
Under Title IV, specifically Article 61 - (c), the consolidated treaty is clear on the matter. It declares that the European Council shall adopt such measures concerning cooperation on police and judicial matters. It is further stipulated that these initiatives are geared toward a high level of security which includes actions to prevent and combat crimes.4 This limitation may be construed in conjunction with Article 39 - 3 which specifically says that even the right of workers who are Union citizens to move freely may be constrained or limited for reasons of public policy, security and health.5 The spirit of this limitation or constraint is also enshrined in Article 64-1 of the consolidated treaty, albeit with particular reference to border crossings, which provides that the exercise of the responsibilities of a member state regarding law and order and internal security are not affected by such freedoms.
A convicted criminal who is a citizen of a member state poses threats to another state and his entry to the latter may be considered both a judicial and a police matter. It is a judicial matter because the felon had already been finally sentenced guilty and must be brought behind bars in his state of origin in order to serve the ends of justice there. As a matter of fact it is also a political concern because for a member state to allow a convicted criminal from another member state entry into its territory will not only be a violation of the European Union Treaty but may also be construed as a sign of disrespect to a co-equal. Furthermore, the travelling felon can become a liability to the host member state and a menace to its society. It is this aspect which makes the issue also a police matter. This is precisely the spirit and letter of the exceptions to the free travel rights of Europrean Union citizens among member states and sovereignties. An undesirable European Union citizen with a conviction record will be a problem to the security of the member state to which he will travel. Allowing him to enter the territory of the neighboring state will put the police authorities of the latter at a quandary and will be in contravention to the collective efforts to prevent and combat crimes. The kind of threat that the felon will create is the one embraced within the meaning of high level of sec