OCCUPATION, THE MEMBER STATES ARE ENTITLED TO LAY DOWN THE KNOWLEDGE AND QUALIFICATIONS NEEDED IN ORDER TO PURSUE IT AND TO REQUIRE THE PRODUCTION OF A DIPLOMA CERTIFYING THAT THE HOLDER HAS THE RELEVANT KNOWLEDGE AND QUALIFICATIONS .
11 HOWEVER, AS THE COURT HELD IN ITS JUDGMENT OF 28 JUNE 1977 IN CASE 11/77 PATRICK V MINISTRE DES AFFAIRES CULTURELLES (( 1977 )) ECR 1199, THE LAWFUL REQUIREMENT, IN THE VARIOUS MEMBER STATES, RELATING TO THE POSSESSION OF DIPLOMAS FOR ADMISSION TO CERTAIN OCCUPATIONS CONSTITUTES A RESTRICTION ON THE EFFECTIVE EXERCISE OF THE FREEDOM OF ESTABLISHMENT GUARANTEED BY THE TREATY THE ABOLITION OF WHICH IS TO BE MADE EASIER BY DIRECTIVES FOR THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS . AS THE COURT ALSO HELD IN THAT JUDGMENT, THE FACT THAT SUCH DIRECTIVES HAVE NOT YET BEEN ISSUED DOES NOT ENTITLE A MEMBER STATE TO DENY THE PRACTICAL BENEFIT OF THAT FREEDOM TO A PERSON SUBJECT TO COMMUNITY LAW WHEN THAT FREEDOM CAN BE ENSURED IN THAT MEMBER STATE, IN PARTICULAR BECAUSE IT IS POSSIBLE UNDER ITS LAWS AND REGULATIONS FOR EQUIVALENT FOREIGN DIPLOMAS TO BE RECOGNIZED .
12 SINCE FREEDOM OF MOVEMENT FOR WORKERS IS ONE OF THE FUNDAMENTAL OJECTIVES OF THE TREATY, THE REQUIREMENT TO SECURE FREE MOVEMENT UNDER EXISTING NATIONAL LAWS AND REGULATIONS STEMS, AS THE COURT HELD IN ITS JUDGMENT OF 28 APRIL 1977 IN CASE 71/76 THIEFFRY (( 1977 )) ECR 765, FROM ARTICLE 5 OF THE TREATY, UNDER WHICH THE MEMBER STATES ARE BOUND TO TAKE ALL APPROPRIATE MEASURES, WHETHER GENERAL OR PARTICULAR, TO ENSURE FULFILMENT OF THE OBLIGATIONS ARISING OUT OF THE TREATY AND TO ABSTAIN FROM ANY MEASURE WHICH COULD JEOPARDIZE THE ATTAINMENT OF THE OBJECTIVES OF THE TREATY .
13 SINCE IT HAS TO RECONCILE THE REQUIREMENT AS TO THE QUALIFICATIONS NECESSARY IN ORDER TO PURSUE A PARTICULAR OCCUPATION WITH THE REQUIREMENTS OF THE FREE MOVEMENT OF WORKERS, THE PROCEDURE FOR THE RECOGNITION OF EQUIVALENCE MUST ENABLE THE NATIONAL AUTHORITIES TO ASSURE THEMSELVES, ON AN OBJECTIVE BASIS, THAT THE FOREIGN DIPLOMA CERTIFIES THAT ITS HOLDER HAS KNOWLEDGE AND QUALIFICATIONS WHICH ARE, IF NOT IDENTICAL, AT LEAST EQUIVALENT TO THOSE CERTIFIED BY THE NATIONAL DIPLOMA . THAT ASSESSMENT OF THE EQUIVALENCE OF THE FOREIGN DIPLOMA MUST BE EFFECTED EXCLUSIVELY IN THE LIGHT OF THE LEVEL OF KNOWLEDGE AND QUALIFICATIONS WHICH ITS HOLDER CAN BE ASSUMED TO POSSESS IN THE LIGHT OF THAT DIPLOMA, HAVING REGARD TO THE NATURE AND DURATION OF THE STUDIES AND PRACTICAL TRAINING WHICH THE DIPLOMA CERTIFIES THAT HE HAS CARRIED OUT .
14 SINCE FREE ACCESS TO EMPLOYMENT IS A FUNDAMENTAL RIGHT WHICH THE TREATY CONFERS INDIVIDUALLY ON EACH WORKER IN THE COMMUNITY, THE EXISTENCE OF A REMEDY OF A JUDICIAL NATURE AGAINST ANY DECISION OF A NATIONAL AUTHORITY REFUSING THE BENEFIT OF THAT RIGHT IS ESSENTIAL IN ORDER TO SECURE FOR THE INDIVIDUAL EFFECTIVE PROTECTION FOR HIS RIGHT . AS THE COURT HELD IN ITS JUDGMENT OF 15 MAY 1986 IN CASE