TO ENSURE THE PRACTICAL WORKING OF THE SCHEME ESTABLISHED BY THE TREATY .
72 THIS IS THE CASE IN PARTICULAR AS REGARDS DIRECTIVE NO 64/221 ON SPECIAL MEASURES JUSTIFIED ON GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH , IN THAT SOME OF THE GUARANTEES PROVIDED BY THE DIRECTIVE FOR PERSONS PROTECTED BY COMMUNITY LAW , NAMELY THE OBLIGATION TO INFORM ANY PERSON SUBJECT TO A RESTRICTIVE MEASURE OF THE REASONS FOR IT AND TO GIVE HIM A RIGHT OF APPEAL , ARE OF A PROCEDURAL NATURE .
73 THE MEMBER STATES ARE CONSEQUENTLY OBLIGED TO CHOOSE , WITHIN THE BOUNDS OF THE FREEDOM LEFT TO THEM BY ARTICLE 189 , THE MOST APPROPRIATE FORMS AND METHODS TO ENSURE THE EFFECTIVE FUNCTIONING OF THE DIRECTIVES , ACCOUNT BEING TAKEN OF THEIR AIMS .
74 THE QUESTIONS SHOULD THEREFORE BE ANSWERED TO THE EFFECT THAT ARTICLES 53 AND 62 OF THE TREATY PROHIBIT THE INTRODUCTION BY A MEMBER STATE OF NEW RESTRICTIONS ON THE ESTABLISHMENT OF NATIONALS OF OTHER MEMBER STATES AND THE FREEDOM TO PROVIDE SERVICES WHICH HAS IN FACT BEEN ATTAINED AND THAT THEY PREVENT THE MEMBER STATES FROM REVERTING TO LESS LIBERAL PROVISIONS OR PRACTICES IN SO FAR AS THE LIBERALIZATION MEASURES ALREADY ADOPTED CONSTITUTE THE IMPLEMENTATION OF OBLIGATIONS ARISING FROM THE PROVISIONS AND OBJECTIVES OF THE TREATY .
75 THE FREEDOM LEFT TO THE MEMBER STATES BY ARTICLE 189 AS TO THE CHOICE OF FORMS AND METHODS OF IMPLEMENTATION OF DIRECTIVES DOES NOT AFFECT THEIR OBLIGATION TO CHOOSE THE MOST APPROPRIATE FORMS AND METHODS TO ENSURE THE EFFECTIVENESS OF THE DIRECTIVES .
Decision on costs
COSTS
76 THE COSTS INCURRED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH HAS SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE .
77 SINCE THE PROCEEDINGS ARE , SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE TRIBUNAL DE PREMIERE INSTANCE OF LIEGE , IT IS FOR THAT COURT TO MAKE AN ORDER AS TO COSTS .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE TRIBUNAL DE PREMIERE INSTANCE , LIEGE , HEREBY RULES :
1 . THE RIGHT OF NATIONALS OF A MEMBER STATE TO ENTER THE TERRITORY OF ANOTHER MEMBER STATE AND RESIDE THERE IS A RIGHT CONFERRED DIRECTLY , ON ANY PERSON FALLING WITHIN THE SCOPE OF COMMUNITY LAW , BY THE TREATY - ESPECIALLY ARTICLES 48 , 52 AND 59 - OR , AS THE CASE MAY BE , BY THE PROVISIONS ADOPTED FOR ITS IMPLEMENTATION , INDEPENDENTLY OF ANY RESIDENCE PERMIT ISSUED BY THE HOST STATE .
2 . ARTICLE 4 OF DIRECTIVE NO 68/360 ENTAILS AN OBLIGATION FOR MEMBER STATES TO ISSUE A RESIDENCE PERMIT TO ANY PERSON WHO PROVIDES PROOF , BY MEANS OF THE APPROPRIATE DOCUMENTS , THAT HE BELONGS TO ONE OF THE CATEGORIES SET OUT IN ARTICLE 1 OF THE DIRECTIVE .
3 .