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2013-6 E.C.R. 1 (2013)

handle is hein.intyb/rcbjcofi0348 and id is 1 raw text is: VRw Reports of Cases Case C-300/11 ZZ V Secretary of State for the Home Department (Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division) (Freedom of movement for persons - Directive 2004/38/EC - Decision refusing a citizen of the European Union admission to a Member State on public security grounds - Article 30(2) of the directive - Obligation to inform the citizen concerned of the grounds of that decision - Disclosure contrary to the interests of State security - Fundamental right to effective judicial protection)) Summary - Judgment of the Court (Grand Chamber), 4 June 2013 1. Preliminary rulings - Jurisdiction of the Court - Limits - Question concerning national security - No general exception excluding measures taken for reasons of public security - Admissibility (Art. 267 TFEU; Art. 4(2) TEU) 2. Citizenship of the Union - Right to move and reside freely in the territory of the Member States - Directive 2004/38 - Restrictions on the right of entry and the right of residence on grounds of public policy or public security - Statement of reasons for a decision refusing entry into a Member State - Person concerned not informed, precisely and in full, of public security grounds - Lawfulness - Condition - Striking a balance between requirements linked to State security and requirements of the right to effective judicial protection (Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Directive 2004/38, Arts 30(2), 27 and 31) 1. Although, in accordance in particular with Article 4(2) TEU, national security remains the sole responsibility of each Member State and it is accordingly for Member States to take the appropriate measures to ensure their internal and external security, the mere fact that a decision taken by a competent national authority concerns State security cannot result in European Union law being inapplicable. (see para. 38) 2. Articles 30(2) and 31 of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as requiring the national court with jurisdiction to ensure that failure by the competent national authority to disclose to the person concerned, precisely and in full, the grounds on which a decision ECLJ:EU:C:2013:3631 1

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