DSR 11 (Revised Sept 85)
DRAFT: minute/letter/teleletter/despatch/note
TYPE: Draft/Final 1 +
FROM:
Reference
Paul Berman
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Your Reference
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Mr Anthony Fraser, T Sols Dept, Queen
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PRIVACY MARKING
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SUBJECT:
CIVIL SERVICE NATIONALITY REQUIREMENTS:
ARTICLE 48(4)
CAVEAT
Enclosures flag(s)
1.
Further to the meeting held at OMCS on
5 June, I understand that it is intended to put a
number of questions to the Law Officers. One
issue that still needs to be resolved is which
categories of nationality are to be included in
the designated public service "core". Until now
discussions on this subject have referred to "UK
nationals". This is not a category of nationality
defined under domestic law, and in drawing up new
nationality rules it will presumably be necessary
to specify categories of nationality as defined in
the 1981 British Nationality Act and subsequently.
I have suggested some alternative approaches to
this issue in paragraph 2. It is clearly
necessary to ensure that the approach adopted
complies with the definition of public service
posts developed in the ECJ's case law on Article
48(4), and you may therefore consider it
appropriate to put this matter to the Law
No comments yet.
Private notes are available after approval.