HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
37 AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE MARLBOROUGH STREET MAGISTRATES ' COURT BY ORDER OF 20 NOVEMBER 1976 , HEREBY RULES :
( 1 ) ANY ACTION AFFECTING THE RIGHT OF PERSONS COMING WITHIN THE FIELD OF APPLICATION OF ARTICLE 48 OF THE TREATY TO ENTER AND RESIDE FREELY IN THE MEMBER STATES UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE CONSTITUTES A ' MEASURE ' FOR THE PURPOSES OF ARTICLE 3 ( 1 ) AND ( 2 ) OF DIRECTIVE NO 64/221/EEC . THAT CONCEPT INCLUDES THE ACTION OF A COURT WHICH IS REQUIRED BY THE LAW TO RECOMMEND IN CERTAIN CASES THE DEPORTATION OF A NATIONAL OF ANOTHER MEMBER STATE , WHERE SUCH RECOMMENDATION CONSTITUTES A NECESSARY PREREQUISITE FOR A DECISION TO MAKE A DEPORTATION ORDER .
( 2 ) ARTICLE 3 ( 2 ) OF DIRECTIVE NO 64/221/EEC , ACCORDING TO WHICH PREVIOUS CRIMINAL CONVICTIONS DO NOT IN THEMSELVES CONSTITUTE GROUNDS FOR THE IMPOSITION OF THE RESTRICTIONS ON FREE MOVEMENT AUTHORIZED BY ARTICLE 48 OF THE TREATY ON GROUNDS OF PUBLIC POLICY AND PUBLIC SECURITY , MUST BE INTERPRETED TO MEAN THAT PREVIOUS CRIMINAL CONVICTIONS ARE RELEVANT ONLY IN SO FAR AS THE CIRCUMSTANCES WHICH GAVE RISE TO THEM ARE EVIDENCE OF PERSONAL CONDUCT CONSTITUTING A PRESENT THREAT TO THE REQUIREMENTS OF PUBLIC POLICY .
( 3 ) IN SO FAR AS IT MAY JUSTIFY CERTAIN RESTRICTIONS ON THE FREE MOVEMENT OF PERSONS SUBJECT TO COMMUNITY LAW , RECOURSE BY A NATIONAL AUTHORITY TO THE CONCEPT OF PUBLIC POLICY PRESUPPOSES , IN ANY EVENT , THE EXISTENCE , IN ADDITION TO THE PERTURBATION TO THE SOCIAL ORDER WHICH ANY INFRINGEMENT OF THE LAW INVOLVES , OF A GENUINE AND SUFFICIENTLY SERIOUS THREAT AFFECTING ONE OF THE FUNDAMENTAL INTERESTS OF SOCIETY .