Saturday, May 5, 2012

Van Duyn v. Home Office case brief

Van Duyn v. Home Office

FACTS
-Church of Scientology case, denied admission of foreign national seeking to study or work @ UK’s church headquarters.

Issue:  Whether Art. 3 of directive, which sets out substantive and procedural rules elaborating upon public policy, public security and public health exception to free movement of workers contained in Art 39 is directly effective.

Holding:  Only a part of the directive (not the whole directive) has direct effect.

RULE

-In every case you must examine whether the nature, general scheme and wording of the provision in question are capable of having direct effects on the relations b/t member states and individuals.


ANALYSIS
-Article of directive is intended to limit the discretionary power which national laws generally confer on the authorities responsible for the entry and expulsion of foreign nationals.

-Provision lays down an obligation which is not subject to any exception or condition.  Does not require intervention of any act on the part of either the institutions of the community or of the member states.
-Legal certainty for the persons concerned requires that they should be able to rely on this obligation even though it has been laid down in a legislative act which has no automatic direct effect in its entirety.

Horizontal Direct Effect
-Giving private parties rights against other private parties.

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