6. DEROGATIONS
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Article 45 (4) TFEU does not apply to employment in the
service. Article 45 (2) justifies limitations on grounds of public
, public security or public
.
Directive 2004/38 explains the derogations on grounds of public policy, public security or public health. Article 27 of Directive 2004/38 explains that these grounds cannot be invoked to serve
ends, and that measures taken on grounds of public policy or public security must comply with the principle of
and be based exclusively on the
conduct of the individual concerned. The personal conduct of the individual concerned must represent a
, present and sufficiently
threat affecting one of the fundamental interests of society. Justifications that are isolated from the particulars of the case or that rely on considerations of
prevention shall not be accepted, excluded are previous criminal
in themselves. Article 28 of Directive 2004/38 stipulates that before taking an expulsion decision on grounds of public policy or public
, the host Member State must take account of considerations such as how long the individual concerned has resided on its territory, his/her age, state of health, family and
situation, social and
integration into the host Member State and the extent of his/her links with the country of origin. Article 29 of Directive 2004/38 explains public health, saying that the only diseases justifying measures restricting freedom of movement shall be the
with epidemic potential as defined by the relevant instruments of the World Health Organization and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the host Member State. Diseases occurring after a three-month period from the date of
cannot constitute grounds for
from the territory. Where there are serious indications that it is necessary, Member States may, within
months of the date of arrival, require persons entitled to the right of residence to undergo, free of charge, a medical
to certify that they are not suffering from any of the conditions referred to above. Such medical examinations may not be required as a matter of
.
Public service derogation embraces both central government and
authorities, but does not embrace trainees within the national civil services, because they do not exercise
authority. For the same reason are
: nurses in State hospitals; customs agents, journalists, pharmacists, and tourist guides; managers of
schools; university teachers; secondary-level teachers and primary
teachers, as well as private security firms. Occasional input into public decision-making does not go under
service derogation.