Laisvo darbuotojų judėjimo apribojimai dėl viešosios tvarkos, visuomenės saugumo ir visuomenės sveikatos.
The subject of the analysis in this publication is the exception of public policy, public security and public health (further to be referred to as an ordre public exception) according to the article 39 (3) of the EC Treaty. In this publication some of the particular issues related to application of the ordre public exception will be emphasized. Firstly, we will analyze the application of the ordre public exception in regard to the subject which is to be regulated. In this aspect there was one particular question that caused the major part of discussions - can the right to employment employed be restricted on grounds of ordre public? The right to employment derives from the principle of non-discrimination on grounds of citizenship, which is why this right is incorporated into the article 39 (2) of the EC Treaty, next to the right to equal working conditions. However, the right to employment is once again embedded into the article 39 (3) of the EC Treaty, as well, next to the so-called free movement rights (right of free movement, right of residence and right to stay), that without any doubts fall under the scope of the ordre public exception. In spite of that, we will try to give reasons to deny the ability to restrict the right to employment on grounds of the ordre public. To be noted, that the latter approach is pre-dominant in the doctrine of EC law and has been further endorsed in the case law of ECJ. Further, on the grounds of the secondary EC law and the case law of ECJ, we will try to distinguish and discuss (he conditions of the application of the ordre public exception. Assessing the conditions is especially important, because application of the article 39 (3) of the EC Treaty is related to the so-called ’restricting the restrictions’ rule, which means, that Member States, applying the ordre public exception, are limited by the particular conditions (restrictions) set by the EC law.
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