Van Duyn v. Home Office

Abstract

International law in general — Relations to municipal law — The law of the European Economic Community — Direct effect in territory of Member States — Individual rights — Enforcement in national courts — The law of England — The law of the European Communities

Treaties — Conclusion and operation of treaties — Operation and enforcement — Direct effect in municipal law — Individual rights — Enforcement in national courts — The law of England — The law of the European Communities

Treaties — Interpretation — Treaty establishing the European Economic Community — Fundamental principle of freedom of movement — Derogation — National public policy — Scope of national authorities’ competence — Treaty Article 48 — The law of England — The law of the European Communities

Disputes — Other international courts — Procedure — Court of Justice of the European Communities

The individual in international law — Nationality — Nationality — of married women — Foreigner marrying German national — Difference in treatment of men and women by the national legislature — The law of Federal Republic of Germany

The individual in international law — Aliens — Admission — Restrictions imposed on grounds of public policy — Free movement of workers within the European Economic Community — Conditions under which Member State having power to refuse entry to national of another Member State — Refusal to be based upon personal conduct of national concerned — Whether membership of organization alleged to be harmful but not illegal amounts to personal conduct for these purposes — Margin of discretion left to each Member State — Whether Article 48 of the Treaty establishing the European Economic Community and secondary legislation thereunder directly applicable in municipal law — The law of England — The law of the European Economic Community