Jun
11
Oteiza Olazabal [2002]
June 11, 2007 |
As has been stated by the ECJ in its ruling in Olazabal, “article 18 EC … finds specific expression in article 39 EC”. In this case it was held that the right of free movement and residence is subject to limitations and conditions laid down elsewhere in the Treaty and its secondary legislation.
Mr. Oteiza Olazabal, a Spanish national, who worked as an employee in France, was limited his right of residence to a part of French territory. Mr. Olazabal has been sentenced in France to 18 months’ imprisonment and a four-year ban on residence for conspiracy to disturb public order by intimidation or terror. The limitation of his residence right was motivated by the fact that he formed part of an armed and organized group whose activity constitutes a threat to public order in French territory. Prevention of such activity may be regarded as falling within the maintenance of public security.
The ECJ ruled that neither article 39 EC Treaty nor the provisions of secondary legislation which implement the freedom of movement for workers preclude a Member State from imposing on a migrant worker who is a national of another Member State police measures limiting his right of residence to part of the national territory.
Text of the ECJ judgment
Text of the AG opinion