ALL THESE PROVISIONS, WITHOUT EXCEPTION, IS TO IMPOSE DUTIES ON MEMBER STATES AND IT IS, ACCORDINGLY, FOR THE COURTS TO GIVE THE RULES OF COMMUNITY LAW WHICH MAY BE PLEADED BEFORE THEM PRECEDENCE OVER THE PROVISIONS OF NATIONAL LAW IF LEGISLATIVE MEASURES ADOPTED BY A MEMBER STATE IN ORDER TO LIMIT WITHIN ITS TERRITORY FREEDOM OF MOVEMENT OR RESIDENCE FOR NATIONALS OF OTHER MEMBER STATES PROVE TO BE INCOMPATIBLE WITH ANY OF THOSE DUTIES .
17 INASMUCH AS THE OBJECT OF THE PROVISIONS OF THE TREATY AND OF SECONDARY LEGISLATION IS TO REGULATE THE SITUATION OF INDIVIDUALS AND TO ENSURE THEIR PROTECTION, IT IS ALSO FOR THE NATIONAL COURTS TO EXAMINE WHETHER INDIVIDUAL DECISIONS ARE COMPATIBLE WITH THE RELEVANT PROVISIONS OF COMMUNITY LAW .
18 THIS APPLIES NOT ONLY TO THE RULES PROHIBITING DISCRIMINATION AND THOSE CONCERNING FREEDOM OF MOVEMENT ENSHRINED IN ARTICLES 7 AND 48 OF THE TREATY AND IN REGULATION NO 1612/68, BUT ALSO TO THE PROVISIONS OF DIRECTIVE NO 64/221, WHICH ARE INTENDED BOTH TO DEFINE THE SCOPE OF THE RESERVATION CONCERNING PUBLIC POLICY AND TO ENSURE CERTAIN MINIMAL PROCEDURAL SAFEGUARDS FOR PERSONS WHO ARE THE SUBJECT OF MEASURES RESTRICTING THEIR FREEDOM OF MOVEMENT OR THEIR RIGHT OF RESIDENCE .
19 THIS CONCLUSION IS BASED IN EQUAL MEASURE ON DUE RESPECT FOR THE RIGHTS OF THE NATIONALS OF MEMBER STATES, WHICH ARE DIRECTLY CONFERRED BY THE TREATY AND BY REGULATION NO 1612/68, AND THE EXPRESS PROVISION IN ARTICLE 3 OF DIRECTIVE NO 64/221 WHICH REQUIRES THAT MEASURES TAKEN ON GROUNDS OF PUBLIC POLICY OR OF PUBLIC SECURITY 'SHALL BE BASED EXCLUSIVELY ON THE PERSONAL CONDUCT OF THE INDIVIDUAL CONCERNED '.
20 IT IS ALL THE MORE NECESSARY TO ADOPT THIS VIEW OF THE MATTER INASMUCH AS NATIONAL LEGISLATION CONCERNED WITH THE PROTECTION OF PUBLIC POLICY AND SECURITY USUALLY RESERVES TO THE NATIONAL AUTHORITIES DISCRETIONARY POWERS WHICH MIGHT WELL ESCAPE ALL JUDICIAL REVIEW IF THE COURTS WERE UNABLE TO EXTEND THEIR CONSIDERATION TO INDIVIDUAL DECISIONS TAKEN PURSUANT TO THE RESERVATION CONTAINED IN ARTICLE 48 ( 3 ) OF THE TREATY .
21 THE REPLY TO THE QUESTION REFERRED TO THE COURT MUST THEREFORE BE THAT THE EXPRESSION 'SUBJECT TO LIMITATIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY' IN ARTICLE 48 CONCERNS NOT ONLY THE LEGISLATIVE PROVISIONS WHICH EACH MEMBER STATE HAS ADOPTED TO LIMIT WITHIN ITS TERRITORY FREEDOM OF MOVEMENT AND RESIDENCE FOR NATIONALS OF OTHER MEMBER STATES BUT CONCERNS ALSO INDIVIDUAL DECISIONS TAKEN IN APPLICATION OF SUCH LEGISLATIVE PROVISIONS .
SECOND QUESTION
22 THE SECOND QUESTION ASKS WHAT IS THE PRECISE MEANING TO BE ATTRIBUTED TO THE WORD 'JUSTIFIED' IN THE PHRASE 'SUCJECT TO LIMITATIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY' IN ARTICLE 48 ( 3 ) OF THE TREATY .
23 IN THAT PROVISION, THE WORDS 'LIMITATIONS JUSTIFIED' MEAN THAT ONLY LIMITATIONS WHICH FULFIL THE REQUIREMENTS OF THE LAW, INCLUDING THOSE CONTAINED IN COMMUNITY LAW, ARE PERMISSIBLE WITH REGARD, IN PARTICULAR, TO THE RIGHT OF NATIONALS OF MEMBER STATES TO FREEDOM OF MOVEMENT AND RESIDENCE .
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