Régina v Pierre Bouchereau.

• Jurisdiction: European Union
• Celex Number: 61977CJ0030
• ECLI: ECLI:EU:C:1977:172
• Date: 27 October 1977
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Docket Number: 30-77

Judgment of the Court of 27 October 1977. - Régina v Pierre Bouchereau. - Reference for a preliminary ruling: Marlborough Street Magistrates' Court, London - United Kingdom. - Public policy. - Case 30-77.

European Court reports 1977 Page 01999
Greek special edition Page 00617
Portuguese special edition Page 00715
Spanish special edition Page 00581
Swedish special edition Page 00459
Finnish special edition Page 00485

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

Keywords

1 . COMMUNITY LAW - MULTILINGUAL TEXTS - UNIFORM INTERPRETATION - DIVERGENCE BETWEEN THE DIFFERENT LANGUAGE VERSIONS - GENERAL SCHEME AND PURPOSE OF THE RULES IN QUESTION AS A BASIS FOR REFERENCE

2 . FREE MOVEMENT OF PERSONS - ' MEASURE ' WITHIN THE MEANING OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC - CONCEPT - RECOMMENDATION BY A COURT TO THE EXECUTIVE AUTHORITY THAT A NATIONAL OF ANOTHER MEMBER STATE BE DEPORTED - INCLUSION - CONDITIONS

3 . FREE MOVEMENT OF PERSONS - RESTRICTIONS - GROUNDS - PREVIOUS CRIMINAL CONVICTIONS - LIMITATION - PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY

( COUNCIL DIRECTIVE NO 64/221/EEC , ARTICLE 3 ( 2 ))

4 . FREE MOVEMENT OF PERSONS - RESTRICTIONS - GROUNDS - PUBLIC POLICY - CONCEPT

( EEC TREATY , ARTICLE 48 )

Summary

1 . THE DIFFERENT LANGUAGE VERSIONS OF A COMMUNITY TEXT MUST BE GIVEN A UNIFORM INTERPRETATION AND HENCE IN THE CASE OF DIVERGENCE BETWEEN THE VERSIONS THE PROVISION IN QUESTION MUST BE INTERPRETED BY REFERENCE TO THE PURPOSE AND GENERAL SCHEME OF THE RULES OF WHICH IT FORMS A PART .

2 . ANY ACTION AFFECTING THE RIGHT OF PERSONS COMING WITHIN THE FIELD OF APPLICATION OF ARTICLE 48 OF THE TREATY TO ENTER AND RESIDE FREELY IN THE MEMBER STATES UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE CONSTITUTES A ' MEASURE ' FOR THE PURPOSES OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC . THAT CONCEPT INCLUDES THE ACTION OF A COURT WHICH IS REQUIRED BY THE LAW TO RECOMMEND IN CERTAIN CASES THE DEPORTATION OF A NATIONAL OF ANOTHER MEMBER STATE , WHERE SUCH RECOM- MENDATION CONSTITUTES A NECESSARY PREREQUISITE FOR A DECISION TO MAKE A DEPORTATION ORDER .

3 . ARTICLE 3 ( 2 ) OF DIRECTIVE NO 64/221/EEC , ACCORDING TO WHICH PREVIOUS CRIMINAL CONVICTIONS DO NOT IN THEMSELVES CONSTITUTE GROUNDS FOR THE IMPOSITION OF THE RESTRICTIONS ON FREE MOVEMENT AUTHORIZED BY ARTICLE 48 OF THE TREATY ON GROUNDS OF PUBLIC POLICY AND PUBLIC SECURITY , MUST BE INTERPRETED TO MEAN THAT PREVIOUS CRIMINAL CONVICTIONS ARE RELEVANT ONLY IN SO FAR AS THE CIRCUMSTANCES WHICH GAVE RISE TO THEM ARE EVIDENCE OF PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY .

4 . IN SO FAR AS IT MAY JUSTIFY CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF PERSONS SUBJECT TO COMMUNITY LAW , RECOURSE BY A NATIONAL AUTHORITY TO THE CONCEPT OF PUBLIC POLICY PRESUPPOSES , IN ANY EVENT , THE EXISTENCE , IN ADDITION TO THE PERTURBATION TO THE SOCIAL ORDER WHICH ANY INFRINGEMENT OF THE LAW INVOLVES , OF A GENUINE AND SUFFICIENTLY SERIOUS THREAT AFFECTING ONE OF THE FUNDAMENTAL INTERESTS OF SOCIETY .

Parties

IN CASE 30/77

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE MARLBOROUGH STREET MAGISTRATES ' COURT , LONDON , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

REGINA

AND

PIERRE BOUCHEREAU

Subject of the case

ON THE INTERPRETATION OF ARTICLE 3 OF COUNCIL DIRECTIVE NO 64/221/EEC 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 ),

Grounds

1 BY ORDER OF 20 NOVEMBER 1976 , RECEIVED AT THE COURT ON 2 MARCH 1977 , THE MARLBOROUGH STREET MAGISTRATES ' COURT , LONDON , REFERRED TO THE COURT OF JUSTICE THREE QUESTIONS CONCERNING THE INTERPRETATION OF ARTICLE 48 OF THE TREATY AND OF CERTAIN PROVISIONS OF COUNCIL DIRECTIVE NO 64/221/EEC OF 25 FEBRUARY 1964 ON THE CO-ORDINATION 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 )

2 THE QUESTIONS AROSE WITHIN THE CONTEXT OF PROCEEDINGS AGAINST A FRENCH NATIONAL WHO HAD BEEN EMPLOYED IN THE UNITED KINGDOM SINCE MAY 1975 AND WHO WAS FOUND GUILTY IN JUNE 1976 OF UNLAWFUL POSSESSION OF DRUGS , WHICH IS AN OFFENCE PUNISHABLE UNDER THE MISUSE OF DRUGS ACT 1971 .

3 ON 7 JANUARY 1976 THE DEFENDANT HAD PLEADED GUILTY TO AN IDENTICAL OFFENCE BEFORE...