1974

CJEC

Van Duyn v Home Office Court of Justice of European Communities 60 ILR 247

1968 UK decided that the Church of Scientology was socially harmful and that no work permits would be issued to foreign nationals for work in Scientology establishments. No restrictions were placed on British nationals. Miss van Duyn, a Dutch arrived at Gatwick intending to enter the UK to work with the Church of Scientology, she was refused to enter. The High Court UK held that article 48 of the ECC Treaty was unenforceable by individuals in the courts of a member state, since it did not confer a right of action

The European Court held that 1. Article 48 of the ECC Treaty has direct effect in the legal orders of the member state, and confers individual rights which the national courts have to protect 2. A member state that imposes restriction on the freedom of movement on grounds of public policy, is entitled to take into account as a matter of personal conduct of the individual concerned the fact that is associated with an organisation which activities are considered socially harmful despite the fact that no restriction was placed on its nationals