, AS BEING GUARANTEED BY ARTICLE 8 OF THE DIRECTIVE , THE APPLICATIONS FOR ANNULMENT OF ADMINISTRATIVE MEASURES AVAILABLE UNDER NATIONAL LAW . DO THOSE SUSPENSORY REMEDIES ALSO INCLUDE AN ACTION FOR CIVIL LIABILITY IN RESPECT OF A WRONGFUL ACT BROUGHT AGAINST THE AUTHOR OF A DECISION ORDERING EXPULSION?
IN OTHER WORDS , IS THE SUSPENSORY EFFECT A RULE OF PROCEDURE LIMITED SOLELY TO THE EXERCISE OF DIRECT REMEDIES OR IS IT AN ADAPTATION , FOR THE BENEFIT OF PERSONS PROTECTED BY COMMUNITY LAW , OF THE FUNDAMENTAL RIGHT WHICH ALL PERSONS HAVE TO A FAIR CIVIL HEARING?
B - MORE GENERALLY , IN DISPUTES BETWEEN A NATIONAL OF ONE MEMBER STATE OF THE EUROPEAN COMMUNITY AND A PUBLIC AUTHORITY OF ANOTHER MEMBER STATE CONCERNING RIGHTS AND OBLIGATIONS OF A CIVIL NATURE ( WITHIN THE MEANING OF ARTICLE 6 OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS ) INVOLVING THE IMPLEMENTATION OF RULES OF COMMUNITY LAW , DOES THE RIGHT TO A FAIR HEARING IMPLY THAT PERSONAL ACCESS TO THE COURTS OF THE STATE CONCERNED MUST BE EFFECTIVELY MADE AVAILABLE TO THE SAID NATIONAL?
IF THE ABOVE QUESTION IS ANSWERED IN THE AFFIRMATIVE , MAY IT BE DEDUCED FROM THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS READ TOGETHER WITH COMMUNITY LAW THAT THAT NATIONAL HAS THE RIGHT TO BE IN PERSON WITHIN THE TERRITORY OF THE STATE AGAINST WHICH HE IS BRINGING PROCEEDINGS DURING THE COURSE OF THE ACTION , IRRESPECTIVE OF ANY ADMINISTRATIVE MEASURE ORDERING HIS EXPULSION , EXCEPT IN CASES OF URGENCY WHICH HAVE BEEN PROPERLY JUSTIFIED?
SECOND GROUP OF QUESTIONS
IN A CASE OF URGENCY WHICH HAS BEEN PROPERLY JUSTIFIED , THE DECISION ORDERING EXPULSION MAY BE EXECUTED NOTWITHSTANDING ANY APPEAL .
DOES THE EXISTENCE OF THAT URGENCY FORM AN INTEGRAL PART OF THE DECISION ORDERING EXPULSION SO THAT THE ADMINISTRATIVE AUTHORITY WHICH TOOK THE DECISION IS EXCLUSIVELY COMPETENT TO ASCERTAIN WHETHER SUCH URGENCY EXISTS?
OR DOES IT , ON THE CONTRARY , APPERTAIN TO THE EXERCISE OF A JUDICIAL REMEDY , SUCH THAT , IN THE EVENT OF A DISPUTE , THE COURT BEFORE WHICH THE ACTION IS BROUGHT MAY DECIDE THE QUESTION?
7 THE QUESTIONS AS A WHOLE ARE CONCERNED TO ESTABLISH THE OBLIGATIONS IMPOSED ON THE MEMBER STATES BY ARTICLES 8 AND 9 OF DIRECTIVE NO 64/221 WITH REGARD TO THE PROTECTION TO BE AFFORDED BY THE COURTS TO A PERSON AGAINST WHOM AN EXPULSION ORDER IS MADE . SPECIFICALLY , CLARIFICATION IS REQUESTED OF THE OBLIGATIONS OF THE MEMBER STATES UNDER THE DIRECTIVE WITH REGARD TO THE SUSPENSORY EFFECT OF APPLICATIONS AGAINST SUCH A MEASURE OF THE RIGHT TO OBTAIN A SUSPENSION OF SUCH MEASURES AND THE EVALUATION OF THE CONCEPT OF ' ' URGENCY ' ' APPEARING IN ARTICLE 9 OF THE DIRECTIVE . THE NATIONAL COURT , IN SUBMITTING THOSE QUESTIONS , REFERS ON THE ONE HAND TO CERTAIN ASPECTS OF THE CASE-LAW OF THE COURT RESULTING FROM THE JUDGMENT OF 8 APRIL 1976 IN CASE 48/75 , ROYER