1. Limitations to personal freedoms
Tomasz Dąbrowski

2. ! Basic exceptions: restrictions and exemptions!
protecting public interest
other reasons

3. Difference?
restriction - situation, when prerequisitions from treaties are fulfilled, which effects with a inability to execute freedom (art. 51)
derogation clauses (specific for each freedom)
exemption - provision that excludes some abstract fact from the scope of the freedoms (art. 52)

4. Derogation clauses Van Duyn - C-41/74 public policy, public security,
Directive 2004/38
public policy,
public security,
public health.
Van Duyn - C-41/74

5. Pierre Bouchereau

6. Omega
Actions taken and interpretation of terms like „public security” are within competences of MS, but under supervision of the EU.

7. Directive 2004/38 - art. 27
Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned.
The personal conduct of the individual concerned must represent a genuine, present and sufficiently serious 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 general prevention shall not be accepted (Bonsignore).

8. Directive 2004/38 - art. 29
diseases with epidemic potential as defined by the relevant instruments of the World Health Organization
other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the MS

9. Exemptions Sotgiu employment in the public service
the exercise of official authority (Directive 2006/123):
bailiff
notary
Sotgiu

10. Exemption applied with accordance to the treaties
fact of being emploee/officer/official - irrelevant
based on private/public law - irrelevant
possibility to extract specific activities and reserve them for MS’ own citizens - granted

11. Posts reserved for citizens (C-149/79) - 1/2
connected with direct/indirect participation in public service - must be entrusted with
the exercise of powers conferred with the public law (for example - physical strength vs citizen)
the responsibility for safeguarding the general interests of the MS (internal/external safety)

12. 2/2 specific relations between citizen and his/her State
mutuality of rights and duties resulting from the bond of citizenship
banned: refuse to hire a foreigner, because in the future he/she might get promoted to post with wider scope of competences/managerial functions

13. Examples of unacceptable posts
nurses, teachers
electricians, carpenters, gardeners,
architects, employees of public research entities.

14. MANDATORY REQUIREMENTS

15. SAGER (C-76/90)
the freedom to provide services may be limited only by provisions which are justified by imperative reasons relating to the public interest and which apply to all persons or undertakings pursuing an activity in the State of destination, in so far as that interest is not protected by the rules to which the person providing the services is subject in the Member State in which he is established. In particular, those requirements must be objectively necessary in order to ensure compliance with professional rules and to guarantee the protection of the recipient of services and they must not exceed what is necessary to attain those objectives.

16. CATALOGUE good administartion/courts - Van Binsbergen
professional/disciplinary rules - Gebhard, Kraus
protection of employees
protection of culture
language policy - Anita Groener
reputation of financial sector
national and constitutional identity of MS - Grigan, Omega

17. Basic conditions of measures
without discrimination!
justified by demands of public interest
proportionate

18. Services of particular importance for MS
games of chance
other - relating values protected in constitutions
Grogan
Omega
Schmidberger

19. OTHER LIMITATIONS protective caluses
one MS in extraordinary situation (influx of immigrants
entities offering services for public interest (art. 106)
production of weapons…
previous obligations of MS
secondary law
directive on services - casinos, non-economical services etc.