MOVEMENT FOR DOCTORS , IN ORDDER TO ASCERTAIN WHETHER THOSE PROVISIONS REQUIRE MEMBER STATES TO LIMIT THE NUMBER OF STUDENTS ADMITTED TO MEDICAL FACULTIES BY INTRODUCING A NUMERUS CLAUSUS SYSTEM .
2 THAT QUESTION AROSE IN DISPUTES BETWEEN A NUMBER OF DOCTORS , WHO FOR SEVERAL YEARS HAD WORKED UNDER CONTRACT IN THE EMERGENCY MEDICAL SERVICE , AND THEIR EMPLOYERS , THE LAZIO REGION AND VARIOUS LOCAL HEALTH AUTHORITIES . THE DISPUTES CONCERN THE TERMINATION OF THE CONTRACTS OF EMPLOYMENT OF THOSE DOCTORS .
3 THE PRETURA DI ROMA MADE AN INTERIM ORDER SUSPENDING THE OPERATION OF THE DECISIONS TERMINATING THE CONTRACTS OF THE PLAINTIFFS IN THE MAIN PROCEEDINGS PENDING THE DECISION OF THE COURT ON THE FOLLOWING QUESTION :
' DO ARTICLE 3 ( C ) AND ARTICLE 57 ( 3 ) OF THE EEC TREATY REQUIRE ALL THE MEMBER STATES TO LAY DOWN CONDITIONS FOR ADMISSIONS TO UNIVERSITY MEDICAL STUDIES WHICH ENSURE :
A LEVEL OF TRAINING CORRESPONDING TO THE CRITERIA OF QUALITY FIXED BY THE COMMUNITY DIRECTIVES AND TO THE CRITERIA INDICATED BY THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING ;
THE PROPER DEVELOPMENT OF THE PROFESSION WITHIN THE FRAMEWORK OF THE RULES OF PROFESSIONAL ETHICS , FOR WHICH PURPOSE IT IS NECESSARY THAT THE NUMBER OF DOCTORS AVAILABLE SHOULD CORRESPOND TO THE NUMBER REQUIRED?
IN PARTICULAR , DOES THE COURT OF JUSTICE CONSIDER THAT THE ABSENCE OF ANY FIXING IN ADVANCE OR PLANNING OF THE NUMBER OF STUDENTS ADMITTED TO STUDY MEDICINE HAVING REGARD TO THE TEACHING CAPACITY OF THE MEDICAL FACULTIES COMPLIES WITH AND IS COMPATIBLE WITH THE PROVISIONS AND OBJECTIVES OF THE TREATY OF ROME AND OF THE COMMUNITY DIRECTIVES ON FREEDOM OF MOVEMENT FOR DOCTORS?
DOES THE EXTENSION TO ALL THE MEMBER STATES OF A NUMERUS CLAUSUS SYSTEM , WHICH ALREADY OPERATES IN EIGHT OF THE 10 MEMBER STATES , THEREFORE CONSTITUTE AN INDISPENSABLE MEASURE AND HENCE SOMETHING WHICH THE MEMBER STATES ARE OBLIGED TO ADOPT IN ORDER TO APPLY THE TREATY AND THE DIRECTIVES ON FREEDOM OF MOVEMENT?
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4 THE DOCUMENTS BEFORE THE COURT SHOW THAT THE DISPUTES IN THE MAIN PROCEEDINGS ARE SET IN THE GENERAL CONTEXT OF , ON THE ONE HAND , THE LARGE NUMBER OF YOUNG DOCTORS SEEKING POSTS IN ITALY AND THE LIMITED POSSIBILITIES FOR THEM TO EXERCISE THEIR PROFESSION AND , ON THE OTHER , THE LACK OF ANY RESTRICTIONS ON THE NUMBER OF MEDICAL STUDENTS ADMITTED TO ITALIAN UNIVERSITIES .
5 THE LOCAL HEALTH AUTHORITY RM ( ROME ) 11 , THE ITALIAN AND BELGIAN GOVERNMENTS AND THE COMMISSION HAVE EXPRESSED DOUBTS AS TO WHETHER THE COURT HAS JURISDICTION TO REPLY TO THE QUESTION SUBMITTED , REFERRING TO THE JUDGMENT OF 16 DECEMBER 1981 IN CASE 244/80 FOGLIA V NOVELLO ( 1981 ) ECR 3045 . THEY MAINTAIN THAT THE CONDITIONS OF ACCESS OF STUDENTS TO MEDICAL FACULTIES CAN IN NO RESPECT BE RELEVANT TO THE DISPUTES IN THE MAIN PROCEEDINGS , WHICH CONCERN THE CONTRACTUAL RELATIONS BETWEEN DOCTORS AND THEIR EMPLOYERS . IN THEIR