222/84 JOHNSTON V CHIEF CONSTABLE OF THE ROYAL ULSTER CONSTABULARY (( 1986 )) ECR 1651, AT P . 1663, THAT REQUIREMENT REFLECTS A GENERAL PRINCIPLE OF COMMUNITY LAW WHICH UNDERLIES THE CONSTITUTIONAL TRADITIONS COMMON TO THE MEMBER STATES AND HAS BEEN ENSHRINED IN ARTICLES 6 AND 13 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS .
15 EFFECTIVE JUDICIAL REVIEW, WHICH MUST BE ABLE TO COVER THE LEGALITY OF THE REASONS FOR THE CONTESTED DECISION, PRESUPPOSES IN GENERAL THAT THE COURT TO WHICH THE MATTER IS REFERRED MAY REQUIRE THE COMPETENT AUTHORITY TO NOTIFY ITS REASONS . BUT WHERE, AS IN THIS CASE, IT IS MORE PARTICULARLY A QUESTION OF SECURING THE EFFECTIVE PROTECTION OF A FUNDAMENTAL RIGHT CONFERRED BY THE TREATY ON COMMUNITY WORKERS, THE LATTER MUST ALSO BE ABLE TO DEFEND THAT RIGHT UNDER THE BEST POSSIBLE CONDITIONS AND HAVE THE POSSIBILITY OF DECIDING, WITH A FULL KNOWLEDGE OF THE RELEVANT FACTS, WHETHER THERE IS ANY POINT IN THEIR APPLYING TO THE COURTS . CONSEQUENTLY, IN SUCH CIRCUMSTANCES THE COMPETENT NATIONAL AUTHORITY IS UNDER A DUTY TO INFORM THEM OF THE REASONS ON WHICH ITS REFUSAL IS BASED, EITHER IN THE DECISION ITSELF OR IN A SUBSEQUENT COMMUNICATION MADE AT THEIR REQUEST .
16 IN VIEW OF THEIR AIMS THOSE REQUIREMENTS OF COMMUNITY LAW, THAT IS TO SAY, THE EXISTENCE OF A JUDICIAL REMEDY AND THE DUTY TO STATE REASONS, ARE HOWEVER LIMITED ONLY TO FINAL DECISIONS REFUSING TO RECOGNIZE EQUIVALENCE AND DO NOT EXTEND TO OPINIONS AND OTHER MEASURES OCCURRING IN THE PREPARATION AND INVESTIGATION STAGE .
17 CONSEQUENTLY, THE ANSWER TO THE QUESTION PUT BY THE TRIBUNAL DE GRANDE INSTANCE, LILLE, MUST BE THAT WHERE IN A MEMBER STATE ACCESS TO AN OCCUPATION AS AN EMPLOYED PERSON IS DEPENDENT UPON THE POSSESSION OF A NATIONAL DIPLOMA OR A FOREIGN DIPLOMA RECOGNIZED AS EQUIVALENT THERETO, THE PRINCIPLE OF THE FREE MOVEMENT OF WORKERS LAID DOWN IN ARTICLE 48 OF THE TREATY REQUIRES THAT IT MUST BE POSSIBLE FOR A DECISION REFUSING TO RECOGNIZE THE EQUIVALENCE OF A DIPLOMA GRANTED TO A WORKER WHO IS A NATIONAL OF ANOTHER MEMBER STATE BY THAT MEMBER STATE TO BE MADE THE SUBJECT OF JUDICIAL PROCEEDINGS IN WHICH ITS LEGALITY UNDER COMMUNITY LAW CAN BE REVIEWED, AND FOR THE PERSON CONCERNED TO ASCERTAIN THE REASONS FOR THE DECISION .
Decision on costs
COSTS
18 THE COSTS INCURRED BY THE GOVERNMENT OF THE FRENCH REPUBLIC, THE GOVERNMENT OF THE KINGDOM OF DENMARK AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT, ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS,
THE COURT,
IN ANSWER TO THE QUESTION REFERRED TO IT BY THE TRIBUNAL DE GRANDE INSTANCE, LILLE, BY JUDGMENT OF 4