2009. 11. 06.
As mentioned by the Honourable Member and as stipulated by Chapter VI of the Directive, Member States may restrict the freedom of movement of EU citizens on grounds of public policy, public security or public health. Measures taken on grounds of public policy or public security must comply with the principle of proportionality and must be based exclusively on the personal conduct of the individual concerned which must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
According to European Court of Justice (ECJ) case-law, it is for Member States to define the notion of public policy or public security. It is for national courts to ensure that the conditions laid down in the Directive, notably those related to proportionality of the measures taken on grounds of public policy or public security, have been respected in individual cases.
The Commission adopted guidelines for better transposition and application of Directive 2004/38/EC on 2 July 2009. A substantial part of the guidelines was dedicated to the analysis of how Chapter VI of the Directive should be implemented.
Written question by Kinga Gál (PPE) to the Commission
Subject: Free movement of EU citizens
Does the European Commission believe that an official representative (e.g. Head of State) of any Member State could — on any grounds — be refused entry to the territory of another Member State?
Does the European Commission accept the point of view that refusing an official representative of a Member State (e.g. its Head of State) entry to the territory of another Member State on the basis of the directive on free movement of EU citizens should be looked upon as a case of serious disregard for European values?
Does the European Commission intend to submit a report on the application of Directive 2004/38/EC with a view to monitoring issues relating to Chapter VI (Restrictions on the right of entry and th e right of residence on grounds of public policy, public security or public health) in order to have a clear picture of how far Member States’ practices comply with or misuse national legislation relating to the directive on free movement of citizens within the European Union?
These questions relate to an unprecedented case in which the Slovak Government formally banned the President of Hungary from crossing the border into Slovakia on 21 August 2009.