Case 36/75, Rutili
36/75,
Rutili, judgment of 28
October 1975 ECR 1975 p. 1219 http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61975J0036
Identified should be:
●
The parties of the case
●
The subject of the case
● Grounds
●
What did the ECJ decide?
●
Link to human rights in the case
●
Importance of the case against the background of human rights’ protection
In the case 36/75, Rutili, the ECJ recognized that the ECJ protects human rights (right to effective remedy) and fundamental freedoms (free movement of persons).
J. H. H. Weiler suggests seeing specifically paragraphs 26 and 27 of the case:
26. By virtue of the reservation contained in Article 48 (3), Member States continue to be, in principle, free to determine the requirements of public policy in the light of their national needs.
27. Nevertheless, the concept of public policy must, in the Community context and where, in particular, it is used as a justification for derogating from the fundamental principles of equality of treatment and freedom of movement for workers, be interpreted strictly, so that its scope cannot be determined unilaterally by each Member State without being subject to control by the institutions of the Community.
Discuss!