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Case C-41/74 Van Duyn v Home Office [1975]

Facts

  • Van Duyn, a Dutch national associated with Scientology, was refused entry to the UK on the basis of that association

Issue

  • Could entry be refused?

Decision

  • Not merely on the basis of her association

Reasoning

  • The freedom of movement for workers between Member States can only be restricted due to public policy, public security, public health, or overriding reasons of public interest as created by the Court of Justice
  • Despite this qualification, the principle of free movement is to be considered unconditional for the purpose of being relied upon by an EU citizen
  • Van Duyn could be validly refused entry to the UK if her personal conduct justified the refusal on the basis of one or more of the above restrictions
  • A directive may become vertically directly effective if unimplemented or implemented incorrectly to prevent negative implementation effects on individuals
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