Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/10/2008

Subject: The Court affirmed that Community law does not preclude national legislation that allows the right of a national of a Member State to travel to another Member State to be restricted, in particular on account of his ‘illegal residence’ there, provided that certain requirements are met. First, the personal conduct of that national must constitute a genuine, present and sufficiently serious threat to one of the fundamental interests of society. Second, it is necessary that the restrictive measure envisaged be appropriate to ensure the achievement of the objective it pursues and not go beyond what is necessary to attain it.

Parties: Jipa

Classification:

Text