Economics 3366A/B Study Guide - Quiz Guide: Derogation, Public Health, Open List
22 Sep 2020
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Same tax and social advantages as national workers: restrictions: Public interest justification (indirect discrimination and non-discriminatory obstacles) + proportionality. Proportionality: legitimate public interest objective/derogation, appropriate/suitable, necessity. Cjeu usually uses suitability and necessity as the tests: general principles: Burden of proof is on the state. Cannot be misapplied to serve purely economic ends. Should comply with proportionality and human rights. No automatic trigger decided on a case-by-case basis. Bouchereau [1977] couldn"t automatically deport for a drug possession conviction must be a genuine and sufficiently serious threat. Must be based on personal conduct (not previous convictions alone). Van duyn [1974: denied entry as uk said church of scientology was socially harmful, refusal for conduct allowed for nationals is permissible. Adoui and cornuaille [1982: prostitute was denied entry, court: refusal is not permissible when similar measures are not taken for nationals. Take individual factors into account: length of residence, age, health, family, economic situation, social/cultural integration.
