Van Duyn v Home Office

Subject Matter

EUROPEAN COURT OF JUSTICE — Reference to — Preliminary decision — Issues of fact and national law — Whether to be determined before reference — Whether question to be framed for answer simply as interpretation

[1974] 1 WLR 1107; [1974] 3 All ER 178, Ch D

EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Public policy — Organisation contrary to public good — Lawful for United Kingdom nationals to work in organisation — Whether other community workers free to enter United Kingdom and work for organisation — Scientology — Difference between regulation and directive — EEC Treaty (Cmnd 5179-II), arts 48, 177, 189 — Council Directive (64/221/EEC), art 3 (1)

(Case C-41/74); (Case C-41/74); EU:C:1974:133; [1975] Ch 358; [1975] 2 WLR 760; [1975] 3 All ER 190, ECJ

IMMIGRATION — Refusal of entry — Public policy — National of member state of European Economic Community wishing to enter UK to accept employment with scientology establishment — Establishment's activities contrary to public policy but not unlawful — Whether refusal lawful — Whether based exclusively on “personal conduct of the individual concerned” — Whether alien having right of action — EEC Treaty (Cmnd 5179–II, arts 48, 177, 189 — EEC Directive No 64/221, art 3 — RSC, Ord 114, r 2

[1974] 1 WLR 1107; [1974] 3 All ER 178, Ch D