R v Bouchereau, ECJ 27 October 1977, C-30/77, [1977]
Citation: R v Bouchereau, ECJ 27 October 1977, C-30/77, [1977]
Rule of thumb: If you are an EU national caught with a small quantity of an illegal drug in another EU state, is this sufficient to deport you back to your home EU country? No, this is not a sufficient ground for deportation.
Judgment:
The basic facts of this case were that a French national was found with a small quantiy of an illegal drug. The Court held that this was not sufficient to deport the Frnech national. They did state that if this was a clear public policy, with clear public policy reasons in place, then this could lead to a deportation, but it did not in this case, “In so far as it may justify certain restrictions on the free movement of persons subject to Community law, recourse by a national authority to the concept of public policy presupposes, in any event, the existence, in addition to the perturbation of the social order which any infringement of the law involves, of a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society...”, President H Kutcher
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.