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Rutili case (Case 36/75)

Roland Rutili was an Italian living in France. As he participated in certain political circles and unions in 1967 and 1968, he was not allowed to move to all Departements, among others his residence of permit. However, without complaint, it was not possible to act against French citizens.[1]

The European Court of Justice, consequently, provides a strict interpretation of the public policy reservation which may possibly restrict the free movement of workers in the Member States.As an exception to a fundamental principle of Community law, its application must comply with all Community rules. Accordingly, any measures which may be taken by a Member State must be based exclusively on the personal conduct of the individual posing a genuine and sufficiently serious threat, and must apply indiscriminately to nationals of the Member State and to other Community nationals.

"RESTRICTIONS CANNOT BE IMPOSED ON THE RIGHT OF A NATIONAL OF ANY MEMBER STATE TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE, TO STAY THERE AND TO MOVE WITHIN IT UNLESS HIS PRESENCE OR CONDUCT CONSTITUTES A GENUINE AND SUFFICIENTLY SERIOUS THREAT TO PUBLIC POLICY." [2]

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