The Preliminary Reference in the Jipa Case and the Case Law of Romanian Courts on the Restriction on the Free Movement of Persons

Posted: 2 Nov 2012

See all articles by Daniel Mihail Sandru

Daniel Mihail Sandru

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Constantin-Mihai Banu

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute

Date Written: October 31, 2012

Abstract

The principles of EU law concerning the direct effect and primacy created major difficulties for the Romanian judges while interpreting inconsistent national legislation (adopted prior to the EU accession) and giving effect on national ground to the European rules on free movement of persons. The preliminary ruling in Jipa case clarified that the freedom of movement may be limited by Member States, but only for the purpose of ensuring the fundamental interests of the society and fully considering the personal conduct of the national involved and the principle of proportionality. Nevertheless, it is for the national courts to decide whether all these requirements are met. As we shall see, all subsequent Romanian case law concerning the freedom of movement sought to keep up with the European primary and secondary legislation, as well as with the ECJ thereof interpretation.

Keywords: freedom of movement of persons, ECJ, Jipa Case, preliminary ruling procedure, free movement of Romanian citizens abroad, public policy, Directive 2004/38/EC

JEL Classification: K10, K33, K41

Suggested Citation

Sandru, Daniel-Mihail and Banu, Constantin-Mihai and Calin, Dragos, The Preliminary Reference in the Jipa Case and the Case Law of Romanian Courts on the Restriction on the Free Movement of Persons (October 31, 2012). European Public Law, Vol. 18, No. 4, 2012. Available at SSRN: https://ssrn.com/abstract=2169460

Daniel-Mihail Sandru (Contact Author)

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania
+ 40 752 124 539 (Phone)
+40213188130 (Fax)

HOME PAGE: http://www.csde.ro

Constantin-Mihai Banu

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Dragos Calin

Romanian Academy - Center for European Legal Studies, Legal Research Institute ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania

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