Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-09-16-Speech-4-009"
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"en.20040916.1.4-009"2
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". Mr President, the Commission has been following developments in this situation. According to the information available to the Commission, 'Women on Waves', together with other persons and organisations, appealed against the refusal of entry of the vessel into Portugal. On 6 September 2004 the administrative and fiscal court of Coimbra adopted a decision on the appeal which has been the subject of a further appeal by 'Women on Waves'.
The Commission would recall the principles of Community law in connection with the free movement of persons. European citizens are entitled to have access to the territory of other Member States in accordance with the various rights to freedom recognised by the EC Treaty, subject to the conditions and limitations provided for by that Treaty and its implementing provisions. Member States can restrict this fundamental right enshrined by Article 18 of the EC Treaty solely when this is justified on grounds of public policy, public security or public health. Where a Member State adopts a measure refusing entry to its territory based on one of these grounds, it must respect the general principles of Community law. It must respect fundamental rights, including the right to freedom of expression, and in particular the proportionality principle, as well as the provisions of Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures justified on grounds of public policy, public security and public health, as interpreted by the Court of Justice of the European Communities.
When decisions are taken on grounds of public policy or public security, the conduct of the persons in question must pose a real and sufficiently serious threat to the fundamental interests of society. Only the diseases or disabilities referred to in the annex to Directive 64/221/EEC can justify refusals to enter Member States on grounds of public health.
Under Directive 64/221/EEC, decisions refusing entry or ordering expulsion from the territory must be notified to the person concerned, informing him or her of the grounds of public policy, public security or public health upon which the decision has been taken. The person concerned must be able to lodge a complaint against this decision. It is for the Portuguese national courts to rule on the validity of the decision, while respecting the general principles of Community law and the provisions of Directive 64/221/EEC.
The Commission has not yet received a complaint about this incident from the representatives of the 'Women on Waves' organisation. However, it intends to contact the Portuguese authorities to obtain more detailed information on the facts related by the honourable Members."@en1
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