THE COMPATIBILITY BETWEEN THE DECISIONS OF SUSPENSION OF THE RIGHT OF ROMANIAN CITIZENS TO MOVE FREELY AND THE COMMUNITY REGULATIONS

Abstract

The Community legislation doesn’t set measures to restrict the right to move freely, the countries having a large freedom to appreciate this subject, on the condition that the measures taken should respect the requirements of article 39 of the EU Treaty and of article 27 of 2004/38/EC Directive, both regarding the justifying reasons and the proportionality of the measure with the purpose. As it follows, the Romanian judge who has been notified about an action of suspension of the right of free movement abroad, checking the compatibility between the internal law and the community regulations on the subject, has to analyse if, related to the particularities of the case, the person who is about to be subject of such a measurement, represents a danger to the order, safety or public health both for the state in which he was forbidden to travel(following the decision of a court of law to restrict his/her right ) and especially for the other states and if that measure respects the principle of proportionality. Key-words: the right of free movement, the suspension of the right of free movement, justifying reasons, the principle of proportionality