Jean Noël Royer.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:1976:57
• Docket Number: 48-75
• Celex Number: 61975CJ0048
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 08 April 1976

Avis juridique important

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61975J0048

Judgment of the Court of 8 April 1976. - Jean Noël Royer. - Reference for a preliminary ruling: Tribunal de première instance de Liège - Belgium. - The right to stay in a Member State and public policy. - Case 48-75.

European Court reports 1976 Page 00497
Greek special edition Page 00203
Portuguese special edition Page 00221
Spanish special edition Page 00205
Swedish special edition Page 00073
Finnish special edition Page 00079

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . FREE MOVEMENT OF PERSONS - NATIONALS OF MEMBER STATES - RIGHT OF RESIDENCE - INDIVIDUAL RIGHT - RIGHT CONFERRED DIRECTLY BY THE TREATY - SAFEGUARD OF PUBLIC POLICY , PUBLIC SECURITY AND PUBLIC HEALTH - EFFECTS

( EEC TREATY , ARTICLES 48 , 52 , 56 AND 59 )

2 . FREE MOVEMENT OF PERSONS - NATIONALS OF MEMBER STATES - RESIDENCE PERMIT - ISSUE - MEMBER STATES ' OBLIGATIONS

( DIRECTIVE NO 68/360 , ARTICLE 4 )

3 . FREE MOVEMENT OF PERSONS - NATIONALS OF MEMBER STATES - ENTRY , MOVEMENT AND RESIDENCE - LEGAL FORMALITIES - FAILURE TO COMPLY - CONSEQUENCES

( EEC TREATY , ARTICLES 48 , 52 AND 59 )

4 . FREE MOVEMENT OF PERSONS - NATIONALS OF MEMBER STATES - EXPULSION - TAKING EFFECT - APPEAL BY THE PARTY CONCERNED - RIGHT - EXERCISE - PREREQUISITE

( DIRECTIVE NO 64/221 , ARTICLES 8 AND 9 )

5 . FREE MOVEMENT OF PERSONS - NATIONALS OF MEMBER STATES - ESTABLISHMENT - PROVISION OF SERVICES - MEMBER STATES ' OBLIGATIONS - IMPLEMENTING MEASURES - NEW RESTRICTIONS - PROHIBITION

( EEC TREATY , ARTICLES 53 AND 62 )

6 . MEASURES ADOPTED BY AN INSTITUTION - DIRECTIVE - IMPLEMENTATION IN THE NATIONAL SYSTEM - FORMS AND METHODS - CHOICE - EFFECTIVENESS - MEMBER STATES OBLIGATIONS

( EEC TREATY , ARTICLE 189 )

Summary

1 . THE RIGHT OF NATIONALS OF A MEMBER STATE TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE AND RESIDE THERE IS A RIGHT CONFERRED DIRECTLY , ON ANY PERSON FALLING WITHIN THE SCOPE OF COM- MUNITY LAW , BY THE TREATY , ESPECIALLY ARTICLES 48 , 52 AND 59 OR WHERE APPROPRIATE , BY THE PROVISIONS ADOPTED1 - LANGUAGE OF THE CASE : FRENCH .

FOR ITS IMPLEMENTATION , INDEPENDENTLY OF ANY RESIDENCE PERMIT ISSUED BY THE HOST STATE . THE EXCEPTION CONCERNING THE SAFEGUARD OF PUBLIC POLICY , PUBLIC SECURITY AND PUBLIC HEALTH CONTAINED IN ARTICLES 48 ( 3 ) AND 56 ( 1 ) OF THE TREATY MUST BE REGARDED NOT AS A CONDITION PRECEDENT TO THE ACQUISITION OF THE RIGHT OF ENTRY AND RESIDENCE BUT AS PROVIDING THE POSSIBILITY , IN INDIVIDUAL CASES WHERE THERE IS SUFFICIENT JUSTIFICATION , OF IMPOSING RESTRICTIONS ON THE EXERCISE OF A RIGHT DERIVED DIRECTLY FROM THE TREATY .

2 . ARTICLE 4 OF DIRECTIVE NO 78/360 ENTAILS AN OBLIGATION FOR MEMBER STATES TO ISSUE A RESIDENCE PERMIT TO ANY PERSON WHO PROVIDES PROOF , BY MEANS OF THE APPROPRIATE DOCUMENTS , THAT HE BELONGS TO ONE OF THE CATEGORIES SET OUT IN ARTICLE 1 OF THE DIRECTIVE .

3 . THE MERE FAILURE BY A NATIONAL OF A MEMBER STATE TO COMPLY WITH THE FORMALITIES CONCERNING THE ENTRY , MOVEMENT AND RESIDENCE OF ALIENS IS NOT OF SUCH A NATURE AS TO CONSTITUTE IN ITSELF CONDUCT THREATENING PUBLIC POLICY , AND PUBLIC SECURITY AND CANNOT THEREFORE , BY ITSELF , JUSTIFY A MEASURE ORDERING EXPULSION OR TEMPORARY IMPRISONMENT FOR THAT PURPOSE .

4 . A DECISION ORDERING EXPULSION CANNOT BE EXECUTED , SAVE IN CASES OF URGENCY WHICH HAVE BEEN PROPERLY JUSTIFIED , AGAINST A PERSON PROTECTED BY COMMUNITY LAW UNTIL THE PARTY CONCERNED HAS BEEN ABLE TO EXHAUST THE REMEDIES GUARANTEED BY ARTICLES 8 AND 9 OF DIRECTIVE NO 64/221 .

5 . ARTICLES 53 AND 62 OF THE TREATY PROHIBIT THE INTRODUCTION BY A MEMBER STATE OF NEW RESTRICTIONS ON THE ESTABLISHMENT OF NATIONALS OF OTHER MEMBER STATES AND THE FREEDOM TO PROVIDE SERVICES WHICH HAS IN FACT BEEN ATTAINED AND PREVENT THE MEMBER STATES FROM REVERTING TO LESS LIBERAL PROVISIONS OR PRACTICES IN SO FAR AS THE LIBERALIZATION MEASURES ALREADY ADOPTED CONSTITUTE THE IMPLEMEN- TATION OF OBLIGATIONS ARISING FROM THE PROVISIONS AND OBJECTIVES OF THE TREATY .

6 . THE FREEDOM LEFT TO THE MEMBER STATES BY ARTICLE 189 AS TO THE CHOICE OF FORMS AND METHODS OF IMPLEMEN- TATION OF DIRECTIVES DOES NOT AFFECT THEIR OBLIGATION TO CHOOSE THE MOST APPROPRIATE FORMS AND METHODS TO ENSURE THE EFFECTIVENESS OF THE DIRECTIVES .

Parties

IN CASE 48/75

REFERENCE TO THE COURT , PURSUANT TO ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL DE PREMIERE INSTANCE OF LIEGE FOR A PRELIMINARY RULING IN THE CRIMINAL PROCEEDINGS PENDING BEFORE THAT COURT AGAINST

JEAN NOEL ROYER , RESIDENT IN LISIEUX ( FRANCE )

Subject of the case

ON THE INTERPRETATION OF VARIOUS PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS , TO THE RIGHT OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES , IN PARTICULAR ARTICLES 48 , 53 , 56 AND 62 OF THE EEC TREATY AND COUNCIL DIRECTIVES NOS 64/221 OF 25 FEBRUARY 1964 ON THE COORDINATION OF SPECIAL MEASURES CONCERNING THE MOVEMENT AND RESIDENCE OF FOREIGN NATIONALS WHICH ARE JUSTIFIED ON GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH AND 68/360 OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES .

Grounds

1 BY A JUDGMENT OF 6 MAY 1975 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 29 MAY 1975 , CONFIRMED BY THE JUDGMENT OF THE COUR D ' APPEL OF LIEGE OF 22 DECEMBER 1975 WHICH WAS RECEIVED AT THE COURT REGISTRY ON 30 DECEMBER 1975 , THE TRIBUNAL DE PREMIERE INSTANCE OF LIEGE ASKED , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , A NUMBER OF QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLES 48 , 53 , 56 , 62 AND 189 OF THE EEC TREATY OF COUNCIL DIRECTIVES NOS 64/221 OF 25 FEBRUARY 1964 ON THE COORDINATION OF SPECIAL MEASURES CONCERNING THE MOVEMENT AND RESIDENCE OF FOREIGN NATIONALS WHICH ARE JUSTIFIED ON GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH ( OJ , ENGLISH SPECIAL EDITION 1963-1964 , P . 117 ) AND 68/360 OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES ( OJ , ENGLISH SPECIAL EDITION 1968 ( II ), P . 485 ).

2 THESE QUESTIONS WERE RAISED IN THE COURSE OF CRIMINAL PROCEEDINGS AGAINST A FRENCH NATIONAL FOR ILLEGAL ENTRY INTO AND ILLEGAL RESIDENCE IN BELGIAN TERRITORY .

3 IT APPEARS FROM THE FILE THAT IN HIS COUNTRY OF ORIGIN THE ACCUSED HAS BEEN CONVICTED OF PROCURING AND PROSECUTED FOR VARIOUS ARMED ROBBERIES WITHOUT , HOWEVER , ACCORDING TO THE INFORMATION AVAILABLE , HAVING BEEN CONVICTED OF THEM .

4 THE ACCUSED ' S WIFE , ALSO A FRENCH NATIONAL , RUNS A CAFE AND DANCE HALL IN THE LIEGE DISTRICT ACTING AS AN EMPLOYEE OF THE COMPANY OWNING THE BUSINESS AND THE ACCUSED HAD JOINED HER BUT FAILED TO COMPLY WITH THE ADMINISTRATIVE FORMALITIES OF ENTRY ON THE POPULATION REGISTER .

5 HAVING DETECTED HIS PRESENCE , THE COMPETENT AUTHORITIES ORDERED HIM TO LEAVE THE COUNTRY AND INITIATED PROCEEDINGS AGAINST HIM FOR ILLEGAL RESIDENCE WHICH RESULTED IN A FIRST CONVICTION BY A COURT .

6 AFTER A BRIEF STAY IN GERMANY THE ACCUSED RETURNED TO BELGIAN TERRITORY AND REJOINED HIS WIFE , ONCE AGAIN FAILING TO COMPLY WITH THE LEGAL FORMALITIES FOR THE CONTROL OF ALIENS .

7 HE WAS AGAIN APPREHENDED BY THE POLICE AND COMMITTED TO PRISON BUT THE COMMITTAL WAS NOT CONFIRMED BY THE JUDICIAL AUTHORITIES .

8 BEFORE HIS RELEASE HOWEVER THE ACCUSED WAS SERVED WITH A MINISTERIAL DECREE OF EXPULSION ON THE GROUNDS THAT ' ROYER ' S PERSONAL CONDUCT SHOWS HIS PRESENCE TO BE A DANGER TO PUBLIC POLICY ' AND THAT ' HE HAS NOT OBSERVED THE CONDITIONS ATTACHED TO THE RESIDENCE OF ALIENS AND HE HAS NO PERMIT TO...