TO IN ARTICLE 1 OF THE DIRECTIVE THEREBY HAVE THE RIGHT OF APPEAL TO A COURT OF LAW AGAINST POLICE MEASURES AFFECTING THEM . WITH REGARD TO THE APPLICATION OF ARTICLE 9 , IN THE LAW OF 1 APRIL 1969 ( MONITEUR BELGE , P . 6182 ) BELGIUM ADOPTED A PROVISION INTENDED TO ENABLE THE PERSONS COVERED BY THE DIRECTIVE TO APPLY TO THE CONSULTATIVE COMMITTEE SET UP BY ARTICLE 10 OF THE LAW ON THE SUPERVISION OF ALIENS OF 28 MARCH 1952 . IN ACCORDANCE WITH THE ROYAL DECREE OF 22 DECEMBER 1969 ( MONITEUR BELGE , 1970 , P . 1402 ) PERSONS WHO HAVE BEEN REFUSED A RESIDENCE PERMIT OR AGAINST WHOM AN EXPULSION ORDER HAS BEEN MADE BEFORE A PERMIT WAS ISSUED HAVE THE RIGHT TO SUBMIT A COMPLAINT TO THE SAID COMMITTEE BY ADDRESSING AN APPLICATION TO THE MINISTER OF JUSTICE WITHIN EIGHT DAYS FROM THE DATE ON WHICH THEY WERE NOTIFIED OF THE DECISION CONCERNING THEM .
3 THE INFORMATION OBTAINED IN THE COURSE OF THE PROCEEDINGS ESTABLISHES THAT , ACCORDING TO THE RELEVANT DECISIONS OF THE ADMINISTRATIVE COURTS , AN ALIEN WHO HAS FAILED TO APPLY TO THE CONSULTATIVE COMMITTEE WITHIN THE PRESCRIBED TIME-LIMIT IS BARRED FROM SUBSEQUENTLY SUBMITTING AN APPLICATION TO THE CONSEIL D ' ETAT . IN REPLY TO THE QUESTIONS RAISED BY THE COURT OF JUSTICE THE BELGIAN GOVERNMENT HAS FURTHERMORE EXPLAINED THAT , ACCORDING TO ADMINISTRATIVE PRACTICE , AN ALIEN AFFECTED BY A POLICE MEASURE IS NOT INFORMED , AT THE TIME THE DECISION IS NOTIFIED TO HIM , OF HIS RIGHT TO COMPLAIN TO THE CONSULTATIVE COMMITTEE OR OF THE TIME-LIMIT FOR SUCH A COMPLAINT OR OF THE CONSEQUENCES OF THE FAILURE TO COMPLAIN TO THE SAID COMMITTEE WITH REGARD TO A SUBSEQUENT APPEAL TO THE COURTS .
THE BACKGROUND TO THE APPLICATION
4 THE ORDER FROM THE NATIONAL COURT AND THE DOCUMENTS ON THE CASE SHOW THAT THE PLAINTIFF LAWFULLY ENTERED BELGIUM ON 8 OCTOBER 1977 AND THAT SHE WORKED AS A WAITRESS IN BARS IN THE LIEGE REGION WHICH THE POLICE CONSIDER TO BE OF DOUBTFUL MORAL CHARACTER . ON 8 NOVEMBER 1977 MRS PECASTAING , WHO HAD IN THE MEANTIME REGISTERED WITH THE ADMINISTRATION OF THE COMMUNE IN WHICH SHE RESIDED , APPLIED FOR A RESIDENCE PERMIT AS AN EMPLOYED PERSON . THE BELGIAN POLICE SOUGHT INFORMATION FROM THE FRENCH AUTHORITIES AND WERE TOLD THAT THE PLAINTIFF HAD PREVIOUSLY BEEN A PROSTITUTE IN FRANCE AND IN THE FEDERAL REPUBLIC OF GERMANY . ACTING ON THAT INFORMATION , THE ALIENS OFFICE OF THE PUBLIC SECURITY ADMINISTRATION OF THE MINISTRY OF JUSTICE ADOPTED A DECISION ON 3 MAY 1978 REFUSING TO ISSUE HER A RESIDENCE PERMIT , ORDERING HER TO LEAVE THE COUNTRY WITHIN 15 DAYS , AND STATING THAT OTHERWISE SHE WOULD BE ARRESTED AND TRANSPORTED TO THE FRONTIER BY FORCES OF PUBLIC ORDER . MRS PECASTAING WAS NOTIFIED OF THAT MEASURE ON 16 MAY 1978 . THE DECISION STATES THAT THE RESIDENCE OF THE