欧共体条约中的公共健康政策-法搜-中国法律信息搜索网

　　Again, the measure concerned must be subject to proportionality test as well.
　　2. Public health & Free movements of persons
　　(1) Article 39 (3) EC
　　It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
　　(a) to accept offers of employment actually made;
　　(b) to move freely within the territory of Member States for this purpose;
　　(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
　　(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.
　　 (2) DIRECTIVE 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 30.4.2004 OJ L 158/77
　　Article 27 (General Principles)
　　1. Subject to the provisions of this Chapter, Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health. These grounds shall not be invoked to serve economic ends.
　　4. The Member State which issued the passport or identity card shall allow the holder of the document who has been expelled on grounds of public policy, public security, or public health from another Member State to re-enter its territory without any formality even if the document is no longer valid or the nationality of the holder is in dispute.
　　Article 29 (Public health)
　　1. The only diseases justifying measures restricting freedom of movement shall be the diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the host Member State.