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Van Duyn v Home Office : ウィキペディア英語版 | Van Duyn v Home Office
''Van Duyn v Home Office'' (1974) (C-41/74 )) was a case of the 1974 European Court of Justice concerning the free movement of workers between member states. ==Facts== Yvonne Van Duyn, a Dutch national, claimed the British Government, through the Home Secretary, infringed TFEU article 45(3) (then TEEC art 48(3)) by denying her an entry permit to work at the Church of Scientology. The Free Movement of Workers Directive 64/221/EC article 3(1) also set out that a public policy provisio had to be ‘based exclusively on the personal conduct of the individual concerned’. The UK had not done anything to expressly implement this element of the Directive. The government had believed Scientology to be harmful to mental health, and discouraged it but did not make it illegal. She sued, citing the Treaty of Rome and Community law, arguing that the Directive should apply to bind the UK. She was not being refused because of ‘personal conduct’. Pennycuick VC referred the case to the European Court of Justice. The Home Office argued the provision was not directly effective, because it left the Government the discretion to apply exceptions to free movement.
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