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European Observer on fundamental right's respect

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Case Law C- 430/10 (17/11/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/17/2011

Subject: The Court affirmed that Directive 2004/38/EC, on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, does not preclude national legislation that permits the restriction of the right of a national of a Member State to travel to another Member State in particular on the ground that he has been convicted of a criminal offence of narcotic drug trafficking in another State, provided that (i) the personal conduct of that national constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, (ii) the restrictive measure envisaged is appropriate to ensure the achievement of the objective it pursues and does not go beyond what is necessary to attain it and (iii) that measure is subject to effective judicial review permitting a determination of its legality as regards matters of fact and law in the light of the requirements of European Union law.

Parties: Hristo Gaydarov

Classification: Citizens’ rights - Art. 45 Freedom of movement

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