Establishing the European Economic Community

European Union law
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Part 1: Advise Bernadette, David, Stijn and Katya how EU Law relates to their free
movement rights
Issue
The issue is whether the treatment that Bernadette, David and Stijn and Katya receives in UK is
justifiable as per the EU law.
Law
The issues faced by Bernadette, David and Stijn and Katya can be addressed using a number of
court cases, treaties and directives. These include Rome The Treaty Establishing the European
Economic Community, Treaty of Amsterdam, the Schengen Agreement and the Dublin
Agreement and The Schengen Borders Code.
Application
First, according to European economic integration, EU welcomes immigrants from the
EU. The analysis of the article covers the enforcement practice of the European Court, the
national legislation of Great Britain, France and Germany, as well as its application on the issues
of freedom of movement of persons. Separately, the grounds for restricting the right to freedom
of movement to protect the external order are examined, public safety, state interests; in relation
to persons employed in public office; to protect the health of the population of the European
Union. Particular attention is paid to the specifics of the protection of certain rights and freedoms
of individuals who exercise their right to freedom of movement within the European Union.
On March 25, 1957 in Rome The Treaty Establishing the European Economic
Community, Part 2, Chapter 3, Chapter 1 clearly stipulates the principle of the free movement of

European Commission personnel: on the one hand, the Treaty stipulates that "the freedom of
movement of workers shall be guaranteed within the Community"; on the other hand, the Treaty
on the principle of national treatment for the free movement of personnel was clarified1.
Compared with the Treaty Establishing the European Coal and Steel Community, this treaty has
made great progress. First, although the object of free movement of people is still very limited, it
is no longer only targeted at coal and steel workers, but also other workers, and has taken a step
towards the free movement of all citizens of the European Community. Second, in order to
promote the movement of natural persons, the EU has adopted a series of safeguard measures,
including the establishment of a social insurance system for migrant workers, unified legal
guarantees, the European Social Fund to provide material security for workers, and so on. These
conditions provide more effective ways and basis for the free movement of natural persons in the
EU.
The principle of transparency of internal borders was originally established in the
Convention on the Application of the Schengen Agreement (Schengen Convention) of 1990, and
is currently enshrined in the Schengen Borders Code of 2006: “Internal borders can be crossed
anywhere without border checks on individuals regardless of their citizenship ”(Article 20“
Crossing of internal borders ”of the Schengen Borders Code)2. As an exception, Member States
are allowed to re-establish border controls, but only if and for the duration of the “serious threat
to public order or internal security” (Art. 23 “Temporary restoration of border control at internal
borders” of the Schengen Borders Code). In practice, such a measure is rarely used, usually to
prevent a terrorist threat during major international events, such as the World Cups or European
Football Championships. The Schengen Borders Code, like the previous Schengen Convention,
1 Treaty of Rome
2 Schengen Borders Code

also does not prohibit Member States from exercising police control within their territory,
including in the form of checking passports, visas and other documents certifying the legality of
stay of foreign citizens. According to paragraph 1 of Art. 21 “Internal checks” of the Schengen
Borders Code abolishing border controls at internal borders does not prejudice “the exercise of
police powers by the competent authorities of the Member States under national law” - but only
“to the extent that the exercise of these powers is not tantamount to the exercise of border
checks. " The last phrase was not accidentally included by the legislator in the text of the
Schengen Borders Code.
It aims to prevent abuses by national authorities that may try to restore de facto border
control by conducting it not on the border itself, but near it (in the border zone). Thus, for
example, French police can stop in order to verify the documents of people on the streets of
Paris, Marseille, other cities and villages of France. If such checks are regularly carried out in the
country's border zone, then they are tantamount to border control and are illegal from the point of
view of EU law. It is a similar interpretation of Art. 21 of the Schengen Borders Code was given
by the EU Court in 2010.
In a decision on the Adele and Melki case of June 22, 2010, the EU Court declared the
provisions of the French Code of Criminal Procedure, which authorized the national police to
check the 20- kilometer zone along the borders with other Member States, documents of any
person "regardless of his behavior and special circumstances indicating a risk to public order3
3 Aziz Melki (C-188/10), Sélim Abdeli (C-189/10)