General Rule for Nationals of Member States Case Study

General Rule for Nationals of Member States - Case Study Example The public policy, security and health derogations are given a narrow scope and are determined by the ECJ and secondary legislation. Directive 64/2212 provides for the issuing of directives to coordinate these measures. The directive applies to the employed, self-employed and their families, recipients of services, retired persons and students, but not to companies. All the main provisions are directly effective. The derogations are concerned with the specific characteristics of particular persons. The limit to the exercise and scope of the derogations are set by community law with regard to non-discrimination, proportionality, protection for fundamental rights and the various safeguards in Directive 64/221.3 Directive 64/221 seeks to coordinate all measures relating to entry and deportation from member state territories including the issue and/or renewal of residence permits which can be adopted on grounds of public policy, security, health. Member States are free to determine the scope of these concepts on the basis of their national legislation and case law but within the framework of Community law. Specifically, member states cannot plead the need to derogate from Directive 64/221 in order to service economic ends4 such as high unemployment. However, any measures taken on grounds of public policy, public security or public health must be justified by a real and sufficiently serious threat to a fundamental interest of society and must be in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the proportionality principle.