, 62 AND 189 OF THE EEC TREATY OF COUNCIL DIRECTIVES NOS 64/221 OF 25 FEBRUARY 1964 ON THE COORDINATION OF SPECIAL MEASURES CONCERNING THE MOVEMENT AND RESIDENCE OF FOREIGN NATIONALS WHICH ARE JUSTIFIED ON GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH ( OJ , ENGLISH SPECIAL EDITION 1963-1964 , P . 117 ) AND 68/360 OF 15 OCTOBER 1968 ON THE ABOLITION OF RESTRICTIONS ON MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY FOR WORKERS OF MEMBER STATES AND THEIR FAMILIES ( OJ , ENGLISH SPECIAL EDITION 1968 ( II ), P . 485 ).
2 THESE QUESTIONS WERE RAISED IN THE COURSE OF CRIMINAL PROCEEDINGS AGAINST A FRENCH NATIONAL FOR ILLEGAL ENTRY INTO AND ILLEGAL RESIDENCE IN BELGIAN TERRITORY .
3 IT APPEARS FROM THE FILE THAT IN HIS COUNTRY OF ORIGIN THE ACCUSED HAS BEEN CONVICTED OF PROCURING AND PROSECUTED FOR VARIOUS ARMED ROBBERIES WITHOUT , HOWEVER , ACCORDING TO THE INFORMATION AVAILABLE , HAVING BEEN CONVICTED OF THEM .
4 THE ACCUSED ' S WIFE , ALSO A FRENCH NATIONAL , RUNS A CAFE AND DANCE HALL IN THE LIEGE DISTRICT ACTING AS AN EMPLOYEE OF THE COMPANY OWNING THE BUSINESS AND THE ACCUSED HAD JOINED HER BUT FAILED TO COMPLY WITH THE ADMINISTRATIVE FORMALITIES OF ENTRY ON THE POPULATION REGISTER .
5 HAVING DETECTED HIS PRESENCE , THE COMPETENT AUTHORITIES ORDERED HIM TO LEAVE THE COUNTRY AND INITIATED PROCEEDINGS AGAINST HIM FOR ILLEGAL RESIDENCE WHICH RESULTED IN A FIRST CONVICTION BY A COURT .
6 AFTER A BRIEF STAY IN GERMANY THE ACCUSED RETURNED TO BELGIAN TERRITORY AND REJOINED HIS WIFE , ONCE AGAIN FAILING TO COMPLY WITH THE LEGAL FORMALITIES FOR THE CONTROL OF ALIENS .
7 HE WAS AGAIN APPREHENDED BY THE POLICE AND COMMITTED TO PRISON BUT THE COMMITTAL WAS NOT CONFIRMED BY THE JUDICIAL AUTHORITIES .
8 BEFORE HIS RELEASE HOWEVER THE ACCUSED WAS SERVED WITH A MINISTERIAL DECREE OF EXPULSION ON THE GROUNDS THAT ' ROYER ' S PERSONAL CONDUCT SHOWS HIS PRESENCE TO BE A DANGER TO PUBLIC POLICY ' AND THAT ' HE HAS NOT OBSERVED THE CONDITIONS ATTACHED TO THE RESIDENCE OF ALIENS AND HE HAS NO PERMIT TO ESTABLISH HIMSELF IN THE KINGDOM ' .
9 FOLLOWING THIS EXPULSION ORDER THE ACCUSED DOES IN FACT SEEM TO HAVE LEFT BELGIAN TERRITORY BUT THE PROSECUTIONS FOR ILLEGAL ENTRY AND ILLEGAL RESIDENCE FOLLOWED THEIR COURSE BEFORE THE TRIBUNAL DE PREMIERE INSTANCE .
THE RELEVANT COMMUNITY PROVISIONS
10 AT THE PRESENT STAGE OF THE PROCEEDINGS THE NATIONAL COURT HAS NOT YET FINALLY DETERMINED THE POSITION OF THE ACCUSED WITH REGARD TO THE PROVISIONS OF COMMUNITY LAW APPLICABLE TO HIM .
11 THE FACTS SUBMITTED BY THE NATIONAL COURT AND THE CHOICE OF THE PROVISIONS OF COMMUNITY LAW OF WHICH IT SEEKS INTERPRETATION ALLOWS OF DIFFERENT HYPOTHESES ACCORDING TO WHETHER THE ACCUSED FALLS WITHIN THE PROVISIONS OF COMMUNITY LAW BY VIRTUE OF AN OCCUPATION WHICH HE CARRIED OUT HIMSELF OR BY VIRTUE OF A POST WHICH HE HAD HIMSELF