Source: All England Reporter
Publisher Citation: [2005] All ER (D) 15 (Jun)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (Rapporteur) (President of the Chamber), Borg Barthet, von Bahr, Malenovsky and Lohmus
Judgment Dates: 2 June 2005

Catchwords

European Communities - Free movement of workers - Material scope - Equality of treatment - Criminal conviction - Refusal of residence - Deportation order - Directive (EEC) 64/221, arts 8 and 9 - Decision No 1/80 of the Association Council, arts 6(1) and 14(1).

The Case

Article9(1) of Council Directive (EEC) 64-221 (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), was to be interpreted as precluding legislation of a member state under which appeals brought against a decision to expel a national of another member state from the territory of that first member state had no suspensory effect and, at the time of examination of such appeal, the decision to expel, can be subject only of an assessment as to its legality, inasmuch as no competent authority within the meaning of that provision has been established. The procedural guarantees set out in arts8 and 9 of the directive applied to Turkish nationals whose legal status had been defined by art6 or art7 of Decision No 1-80 of the Association Council (on the development of the Association).

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