Josemans v Burgemeester van Maastricht

CoffeeShopMaastricht

Josemans v Burgemeester van Maastricht (C-137/09) is a landmark case of the Court of Justice of the European Union (CJEU) that dealt with the issue of drug policy within the European Union (EU), specifically in relation to the sale of cannabis in coffee shops in the Netherlands. This case is significant for its implications on the principles of free movement of goods, public health, and the autonomy of EU member states in regulating controlled substances.

Background

The case originated from a dispute in Maastricht, a city in the Netherlands, known for its liberal drug policy, particularly the regulated sale of cannabis through coffee shops. Marc Josemans, the owner of a coffee shop named "Easy Going," challenged a local ordinance that restricted access to these coffee shops to only residents of the Netherlands. The ordinance was part of a series of measures aimed at reducing drug tourism, which was associated with public order and safety issues.

Case Details

Josemans argued that the Maastricht ordinance violated several fundamental principles of EU law, including the free movement of goods and services within the EU. He contended that the restriction discriminated against non-residents and thus was in conflict with EU law.

The case was referred to the CJEU for a preliminary ruling on whether the restriction imposed by the Maastricht ordinance was compatible with EU law, particularly with the principles of non-discrimination and free movement.

Judgment

The CJEU held that the restriction could be justified on grounds of public policy, public security, and public health. It recognized the unique context of drug policy within the EU, where member states have the discretion to decide on the appropriate measures to protect health and public order in their territory. The Court found that the restriction did not violate EU law, as it was a proportionate response to the legitimate aim of combating drug tourism and its associated problems.

The Court also noted that while the free movement of goods and services is a fundamental principle of EU law, it does not extend to activities that are illegal, such as the sale of narcotics. Therefore, the restriction on access to coffee shops did not infringe upon the free movement of goods and services within the internal market.

Implications

The Josemans v Burgemeester van Maastricht case is a critical reference point in the discussion of drug policy within the EU. It highlights the balance between the EU's internal market principles and the competence of member states to regulate public health and safety issues, including the sale and consumption of controlled substances.

The ruling underscores the principle that while the EU provides a framework for the free movement of goods and services, it allows for exceptions based on public policy, health, and safety considerations. This case has been cited in subsequent legal and policy discussions regarding the regulation of drugs and the scope of EU law in national drug policies.

See Also

• Court of Justice of the European Union
• European Union law
• Drug policy of the Netherlands
• Free movement of goods in the European Union
• Public health