AND IT REQUIRES THAT OBSTACLES TO THE MOBILITY OF WORKERS SHOULD BE ELIMINATED , IN PARTICULAR AS REGARDS ' THE WORKER ' S RIGHT TO BE JOINED BY HIS FAMILY ' AND ' THE CONDITIONS FOR THE INTEGRATION OF THAT FAMILY INTO THE HOST COUNTRY ' ( FIFTH RECITAL ).
15 IN ORDER TO PURSUE AN OCCUPATION , SUCH AS THE MEDICAL PROFESSION , THE ACCESS TO AND PURSUIT OF WHICH ARE GOVERNED BY SPECIAL RULES , THE SPOUSE OF A MIGRANT WORKER WHO IS A NATIONAL OF A NON-MEMBER COUNTRY MUST MEET TWO REQUIREMENTS : HE MUST SHOW THAT HE HAS THE QUALIFICATIONS AND DIPLOMAS NECESSARY FOR THE PURSUIT OF THAT OCCUPATION IN ACCORDANCE WITH THE LEGISLATION OF THE HOST MEMBER STATE AND MUST OBSERVE THE SPECIFIC RULES GOVERNING THE PURSUIT OF THAT OCCUPATION ; THOSE REQUIREMENTS MUST BE THE SAME AS THOSE IMPOSED BY THE HOST MEMBER STATE ON ITS OWN NATIONALS . IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT MR GUL MEETS BOTH THESE REQUIREMENTS .
16 IN THAT REGARD THE REGIERUNGSPRASIDENT HAS FURTHER ARGUED THAT FREEDOM OF MOVEMENT FOR WORKERS AND THE RIGHT OF ESTABLISHMENT MAY UNDER ARTICLES 48 AND 56 OF THE EEC TREATY BE MADE SUBJECT TO RESTRICTIONS JUSTIFIED ON GROUNDS OF PUBLIC HEALTH ; THERE IS ALL THE MORE REASON FOR APPLYING SUCH RESTRICTIONS TO SPOUSES OF NATIONALS OF A MEMBER STATE WHO THEMSELVES ARE NATIONALS OF NON-MEMBER COUNTRIES .
17 THAT ARGUMENT CANNOT BE ACCEPTED . THE RIGHT TO RESTRICT FREEDOM OF MOVEMENT ON GROUNDS OF PUBLIC HEALTH IS INTENDED NOT TO EXCLUDE THE PUBLIC HEALTH SECTOR , AS A SECTOR OF ECONOMIC ACTIVITY AND FROM THE POINT OF VIEW OF ACCESS TO EMPLOYMENT , FROM THE APPLICATION OF THE PRINCIPLES OF FREEDOM OF MOVEMENT BUT TO PERMIT MEMBER STATES TO REFUSE ACCESS TO THEIR TERRITORY OR RESIDENCE THERE TO PERSONS WHOSE ACCESS OR RESIDENCE WOULD IN ITSELF CONSTITUTE A DANGER FOR PUBLIC HEALTH .
18 IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT ARTICLE 11 OF REGULATION NO 1612/68 MUST BE INTERPRETED AS MEANING THAT THE RIGHT OF THE SPOUSE OF A WORKER ENTITLED TO MOVE FREELY WITHIN THE COMMUNITY TO TAKE UP ANY ACTIVITY AS AN EMPLOYED PERSON CARRIES WITH IT THE RIGHT TO PURSUE OCCUPATIONS SUBJECT TO A SYSTEM OF ADMINISTRATIVE AUTHORIZATION AND TO SPECIAL RULES GOVERNING THEIR EXERCISE , SUCH AS THE MEDICAL PROFESSION , IF THE SPOUSE SHOWS THAT HE HAS THE PROFESSIONAL QUALIFICATIONS AND DIPLOMAS REQUIRED BY THE HOST MEMBER STATE FOR THE EXERCISE OF THE OCCUPATION IN QUESTION .
THE SECOND QUESTION
19 IN ITS SECOND QUESTION THE NATIONAL COURT ASKS WHETHER A NATIONAL OF A NON-MEMBER COUNTRY TO WHOM ARTICLE 11 OF REGULATION NO 1612/68 APPLIES MAY RELY ON THE FIRST INDENT OF ARTICLE 3 ( 1 ) OF THAT REGULATION , WHICH PROVIDES THAT , UNDER THE REGULATION , PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION OR ADMINISTRATIVE PRACTICES OF A MEMBER STATE ARE NOT TO APPLY WHERE THEY