Legal positivism" "meaning and scope of legal rules

CASE VAN DUYN

THE COURT

IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE HIGH COURT OF JUSTICE, BY ORDER OF THAT COURT, DATED 1 MARCH 1974, HEREBY RULES :

1 . ARTICLE 48 OF THE EEC TREATY HAS A DIRECT EFFECT IN THE LEGAL ORDERS OF THE MEMBER STATES AND CONFERS ON INDIVIDUALS RIGHTS WHICH THE NATIONAL COURTS MUST PROTECT .

2 . ARTICLE 3 ( 1 ) OF COUNCIL DIRECTIVE NO 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 CONFERS ON INDIVIDUALS RIGHTS WHICH ARE ENFORCEABLE BY THEM IN THE NATIONAL COURTS OF A MEMBER STATE AND WHICH THE NATIONAL COURTS MUST PROTECT .

3 . ARTICLE 48 OF THE EEC TREATY AND ARTICLE 3 ( 1 ) OF DIRECTIVE NO 64/221 MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE, IN IMPOSING RESTRICTIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY, IS ENTITLED TO TAKE INTO ACCOUNT AS A MATTER OF PERSONAL CONDUCT OF THE INDIVIDUAL CONCERNED, THE FACT THAT THE INDIVIDUAL IS ASSOCIATED WITH SOME BODY OR ORGANIZATION THE ACTIVITIES OF WHICH THE MEMBER STATE CONSIDERS SOCIALLY HARMFUL BUT WHICH ARE NOT UNLAWFUL IN THAT STATE, DESPITE THE FACT THAT NO RESTRICTION IS PLACED UPON NATIONALS OF THE SAID MEMBER STATE WHO WISH TO TAKE SIMILAR EMPLOYMENT WITH THE SAME BODY OR ORGANIZATION