Judgment_paragraph 80 · The Queen v Secretary of State for the Home Department, ex parte Julius Barkoci and Marcel Malik (C-257/99)

80In any event, it must also be borne in mind that the Court has held, with regard to the free movement of workers, that the reservation contained in Article 48(3) of the EC Treaty (now, after amendment, Article 39(3) EC) allows Member States, on the grounds set out in that provision, and in particular grounds justified by requirements of public policy, to take measures against nationals of other Member States which they could not apply to their own nationals inasmuch as they have no authority to expel the latter from the national territory or deny them access thereto (see, in this regard, Case 41/74 Y an Duyn [1974] ECR 1337, paragraph 22; Joined Cases 115/81 and 116/81 Adoni and Cornuaille [1982] ECR 1665, paragraph 7; Case C-370/90 Singh [1992] ECR I-4265, paragraph 22; Joined Cases C-65/95 and C-111/95 Shingara and Radiom [1997] ECR I-3343, paragraph 28; and Case C-171/96 Pereira Roque [1998] ECR I-4607, paragraph 37).

The Queen v Secretary of State for the Home Department, ex parte Julius Barkoci and Marcel Malik (C-257/99)

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