FOR THE PURPOSE OF APPLYING THE DIRECTIVE , THE OBJECT OF WHICH IS TO ABOLISH RESTRICTIONS ON MOVEMENT AND RESIDENCE FOR COMMUNITY WORKERS WITHIN THE COMMUNITY , THE TIME AT WHICH CLEARANCE TO ENTER THE TERRITORY OF A MEMBER STATE HAS BEEN GIVEN AND INDICATED ON A PASSPORT OR BY ANOTHER DOCUMENT IS IMMATERIAL . FURTHERMORE THE RIGHT OF COMMUNITY WORKERS TO ENTER THE TERRITORY OF A MEMBER STATE WHICH COMMUNITY LAW CONFERS MAY NOT BE MADE SUBJECT TO THE ISSUE OF A CLEARANCE TO THIS EFFECT BY THE AUTHORITIES OF THAT MEMBER STATE .
9 ADMITTEDLY THE RIGHT OF ENTRY FOR THE WORKERS IN QUESTION IS NOT UNLIMITED . NEVERTHELESS THE ONLY RESTRICTION WHICH ARTICLE 48 OF THE TREATY LAYS DOWN CONCERNING FREEDOM OF MOVEMENT IN THE TERRITORY OF MEMBER STATES IS THAT OF LIMITATIONS JUSTIFIED ON GROUNDS OF PUBLIC POLICY , PUBLIC SECURITY OR PUBLIC HEALTH . THIS RESTRICTION MUST BE REGARDED NOT AS A CONDITION PRECEDENT TO THE ACQUISITION OF THE RIGHT OF ENTRY AND RESIDENCE BUT AS PROVIDING THE POSSIBILITY , IN INDIVIDUAL CASES WHERE THERE IS SUFFICIENT JUSTIFICATION , OF IMPOSING RESTRICTIONS ON THE EXERCISE OF A RIGHT DERIVED DIRECTLY FROM THE TREATY . IT DOES NOT THEREFORE JUSTIFY ADMINISTRATIVE MEASURES REQUIRING IN A GENERAL WAY FORMALITIES AT THE FRONTIER OTHER THAN SIMPLY THE PRODUCTION OF A VALID IDENTITY CARD OR PASSPORT .
10 THE ANSWER TO THE FIRST QUESTION SHOULD THEREFORE BE THAT ARTICLE 3 ( 2 ) OF DIRECTIVE NO 68/360 PROHIBITING MEMBER STATES FROM DEMANDING AN ENTRY VISA OR EQUIVALENT REQUIREMENT FOR COMMUNITY WORKERS MOVING WITHIN THE COMMUNITY MUST BE INTERPRETED AS MEANING THAT THE PHRASE ' ' ENTRY VISA OR EQUIVALENT REQUIREMENT ' ' COVERS ANY FORMALITY FOR THE PURPOSE OF GRANTING LEAVE TO ENTER THE TERRITORY OF A MEMBER STATE WHICH IS COUPLED WITH A PASSPORT OR IDENTITY CARD CHECK AT THE FRONTIER , WHATEVER MAY BE THE PLACE OR TIME AT WHICH THAT LEAVE IS GRANTED AND IN WHATEVER FORM IT MAY BE GRANTED .
THE SECOND QUESTION
11 IN ITS SECOND QUESTION THE NATIONAL COURT SEEKS TO ASCERTAIN WHETHER , UPON ENTRY INTO A MEMBER STATE BY AN EEC NATIONAL , THE GRANTING BY THAT MEMBER STATE OF AN INITIAL LEAVE TO REMAIN FOR A PERIOD LIMITED TO SIX MONTHS IS COMPATIBLE WITH ARTICLES 7 AND 48 OF THE TREATY AND WITH COUNCIL DIRECTIVES NO 64/221 AND NO 68/360 .
12 ARTICLE 4 OF DIRECTIVE NO 68/360 PROVIDES THAT MEMBER STATES SHALL GRANT THE RIGHT OF RESIDENCE IN THEIR TERRITORY TO THE PERSONS REFERRED TO IN THE DIRECTIVE AND GOES ON TO SAY THAT AS ' ' PROOF ' ' OF THIS RIGHT A SPECIAL RESIDENCE PERMIT SHALL BE ISSUED . THIS PROVISION MUST INTERPRETED IN THE LIGHT OF THE RECITALS IN THE PREAMBLE TO THE DIRECTIVE , ACCORDING TO WHICH THE RULES APPLICABLE TO RESIDENCE SHOULD , AS FAR AS POSSIBLE , BRING THE POSITION OF WORKERS FROM OTHER MEMBER STATES INTO LINE WITH THAT OF NATIONALS