48In those circumstances, it is clear that the concept of public policy within the meaning of Article 2 of Directive 64/221 does not correspond to that in Article 96 of the CISA. According to the latter, an alert in the SIS for the purposes of refusing entry may be based on a threat to public policy where the person concerned has been convicted of an offence carrying a penalty involving deprivation of liberty of at least one year (Article 96(2)(a)), or if he has been subject to a measure based on a failure to comply with national regulations on the entry or residence of aliens (Article 96(3)). Unlike the rules laid down by Directive 64/221, as interpreted by the Court, such circumstances justify in themselves an alert irrespective of any specific assessment of the threat represented by the person concerned.
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