NO 1612/68 POINTS OUT , IN ORDER THAT THE RIGHT OF FREEDOM OF MOVEMENT MAY BE EXERCISED , BY OBJECTIVE STANDARDS , IN FREEDOM AND DIGNITY , EQUAL TREATMENT MUST BE ENSURED ' IN FACT AND IN LAW ' ( FIFTH RECITAL ). IN THAT CONTEXT THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF THE REGULATION PROHIBITS THE APPLICATION OF DISCRIMINATORY LEGAL PROVISIONS AND ' ADMINISTRATIVE PRACTICES ' WHICH MAKE ACCESS TO EMPLOYMENT SUBJECT TO CONDITIONS NOT APPLICABLE TO NATIONALS OF THE HOST STATE . FURTHERMORE , THE VERY CONCEPT OF EQUAL TREATMENT PRESUPPOSES NOT ONLY THAT THE SAME LAWS SHOULD BE APPLIED TO NATIONALS AND TO FOREIGNERS BUT THAT THOSE LAWS SHOULD BE APPLIED TO BOTH CATEGORIES OF PERSONS IN THE SAME MANNER .
26 THE ANSWER TO THE FOURTH QUESTION MUST THEREFORE BE THAT THE NON-DISCRIMINATORY TREATMENT PROVIDED FOR IN THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF REGULATION NO 1612/68 CONSISTS IN THE APPLICATION TO PERSONS COVERED BY THAT PROVISION OF THE SAME PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION AND THE SAME ADMINISTRATIVE PRACTICES AS ARE APPLIED TO NATIONALS OF THE HOST STATE .
THE FIFTH QUESTION
27 THE FIFTH QUESTION CONCERNS THE EFFECT ON THE RIGHTS OF THE SPOUSE OF A MIGRANT WORKER WHO INTENDS TO PRACTISE MEDICINE AS AN EMPLOYED PERSON OF COUNCIL DIRECTIVE 75/363 OF 16 JUNE 1975 CONCERNING THE COORDINATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF ACTIVITIES OF DOCTORS ( OFFICIAL JOURNAL 1975 , L 167 , P . 14 ). THAT DIRECTIVE IS INTENDED NOT TO LAY DOWN RULES FOR THE IMPLEMENTATION OF FREEDOM OF ESTABLISHMENT AND FREEDOM OF MOVEMENT FOR DOCTORS BUT TO FACILITATE THE EXERCISE OF THOSE RIGHTS BY MEANS OF THE RECOGNITION OF TRAINING AND OTHER CONDITIONS NECESSARY FOR THE ISSUE OF A LICENCE OR TEMPORARY AUTHORIZATION TO PRACTISE MEDICINE .
28 IT HAS ALREADY BEEN POINTED OUT ABOVE THAT IN ORDER TO PRACTISE MEDICINE IN ANOTHER MEMBER STATE A WORKER WHO IS A NATIONAL OF A MEMBER STATE OR THE SPOUSE OF SUCH A WORKER MUST POSSESS THE QUALIFICATIONS AND DIPLOMAS REQUIRED FOR THAT PURPOSE BY THE LEGISLATION OF THAT OTHER MEMBER STATE . IN THAT RESPECT IT IS IRRELEVANT WHETHER HIS QUALIFICATIONS AND DIPLOMAS ARE RECOGNIZED UNDER NATIONAL LAW ALONE OR UNDER A COUNCIL DIRECTIVE OR AN AGREEMENT ENTERED INTO BETWEEN THE HOST MEMBER STATE AND A NON-MEMBER COUNTRY .
29 WITH REGARD IN PARTICULAR TO DIRECTIVE 75/363 , IT MUST BE HELD THAT A WORKER ' S SPOUSE TO WHOM ARTICLE 11 OF REGULATION NO 1612/68 APPLIES MAY RELY ON HIS ENTITLEMENT TO EQUAL TREATMENT IN ORDER TO OBTAIN RECOGNITION OF HIS QUALIFICATIONS AND DIPLOMAS UNDER THE SAME CONDITIONS AS ARE APPLICABLE TO A WORKER WHO IS A NATIONAL OF A MEMBER STATE .
30 THE ANSWER MUST THEREFORE BE THAT THE SPOUSE OF A WORKER WHO IS A NATIONAL OF A MEMBER STATE TO WHOM ARTICLE 11 OF REGULATION