Van Duyn v Home Office (1974) C-41/74 was a case of the European Court of Justice concerning the free movement of workers between member states.
FACTS OF THE CASE :
A Dutch native Van Duyn alleged the Home Secretary of the British Government violated TFEU article 45(3) thereby refusing to grant her a work visa so she could work for the Church of Scientology. According to Article 3(1) of the Free Movement of Workers Directive 64/221/EC, a public policy requirement must be “based exclusively on the personal conduct of the individual concerned.” The UK had not taken any action to specifically implement this Directive provision. Although it disliked Scientology and thought it was bad for mental health, the government did not outlaw it. She filed a lawsuit, invoking the Rome Treaty and Community law, claiming that the UK should be bound by the Directive.
JUDGMENT :
Importantly, the ECJ then allowed the UK’s derogation, approving the UK’s choice to expel Ms. Duyn because Scientology was then viewed by the UK as harmful and undesirable:
Article 48 of the EEC Treaty and Article 3 (1) of Directive No. 64/221 must be interpreted as meaning that a Member State is entitled to take into account as a matter of personal conduct of the individual concerned, the fact that the individual is associated with some body or organization whose activities the Member State considers socially harmful but which are not unlawful in that State, disapproves of, or otherwise finds objectionable.
JUDGEMENT REVIEW BY SREYA MARY.
