RESPONSIBILITY FOR SAFEGUARDING THE GENERAL INTERESTS OF THE STATE ARE VESTED IN IT . THE COMMISSION CONCLUDES THAT , BY VIRTUE OF THE CASE-LAW OF THE COURT , EMPLOYMENT AS A NURSE IN PUBLIC HOSPITALS IS NOT COVERED BY ARTICLE 48 ( 4 ) OF THE TREATY AND MUST THEREFORE BE OPEN TO NATIONALS OF THE OTHER MEMBER STATES WITHOUT DISCRIMINATION .
6 THE COMMISSION CONSIDERS THAT THE SPECIAL FEATURES OF THE FRENCH PUBLIC SERVICE ( PRINCIPLE OF UNITY , RULES APPLICABLE TO STAFF , AND SO ON ) DO NOT JUSTIFY A DIFFERENT APPROACH : THOSE SPECIAL FEATURES ARE NOT SUCH AS TO PREVENT THE APPOINTMENT OF NATIONALS OF OTHER MEMBER STATES TO PERMANENT POSTS AS NURSES . THE COMMISSION RECOGNIZES , HOWEVER , THAT A FOREIGNER ESTABLISHED IN SUCH A POST WILL NOT SUBSEQUENTLY BE ABLE TO QUALIFY FOR PROMOTION TO A POST IN THE PUBLIC SERVICE WITHIN THE MEANING OF THE TREATY , AND THAT THEREFORE THE ' CAREER PRINCIPLE ' WILL BE CALLED IN QUESTION . IT MAINTAINS , HOWEVER , THAT TO DENY THE NATIONALS OF OTHER MEMBER STATES ANY ACCESS TO THE PERMANENT POSTS INVOLVED IN THIS CASE ON THE GROUND THAT THEY COULD NOT BE SUBSEQUENTLY PROMOTED TO CERTAIN POSTS WOULD RESULT IN EVEN MORE SERIOUS DISCRIMINATION AGAINST THEM .
7 THE FRENCH GOVERNMENT CONSIDERS , IN THE FIRST PLACE , THAT THE EXCEPTION CONTAINED IN ARTICLE 48 ( 4 ) OF THE TREATY EXTENDS TO ALL EMPLOYMENT IN THE PUBLIC SERVICE AND NOT MERELY TO CERTAIN POSTS IN IT . A COMPARISON OF ARTICLE 48 ( 4 ) OF THE TREATY WITH ARTICLE 55 THEREOF SHOWS THAT THE CRITERION ADOPTED IN THE FIRST OF THOSE PROVISIONS IS INSTITUTIONAL AND NOT FUNCTIONAL .
8 THE FRENCH GOVERNMENT STATES , IN THAT CONNECTION , THAT BY VIRTUE OF THE PRINCIPLES GOVERNING THE ORGANIZATION AND INTERNAL FUNCTIONING OF THE FRENCH PUBLIC SERVICE IT IS NOT POSSIBLE TO GRANT ACCESS THERETO TO NATIONALS OF THE OTHER MEMBER STATES . IT EMPHASIZES THAT CIVIL SERVANTS WORK IN THE PUBLIC SERVICE AND THAT THEIR ACTIVITY IS NOT COMPARABLE WITH THAT OF EMPLOYEES IN THE PRIVATE SECTOR . THERE ARE A NUMBER OF RULES ( PRINCIPLE OF UNITY OF THE PUBLIC SERVICE , THE FACT THAT THE CIVIL SERVICE IS GOVERNED BY PUBLIC LAW , AND SO ON ) WHICH ARE SPECIFICALLY INTENDED TO ENSURE THAT THE PUBLIC SERVICE SERVES AS AN INSTRUMENT FOR GIVING EFFECT TO THE PUBLIC INTEREST . THE CRITERION ADVOCATED BY THE COMMISSION FOR THE IMPLEMENTATION OF ARTICLE 48 ( 4 ) OF THE TREATY WOULD , IN PARTICULAR , JEOPARDIZE OBSERVANCE OF THE ' CAREER PRINCIPLE ' WHICH IS ONE OF THE FUNDAMENTAL PRINCIPLES APPLICABLE TO THE FRENCH PUBLIC SERVICE : A NATIONAL OF ANOTHER MEMBER STATE ENTERING THE PUBLIC SERVICE COULD NOT IN ANY CIRCUMSTANCES BE PROMOTED TO POSTS IN THE PUBLIC SERVICE WITHIN THE MEANING OF THE TREATY . THERE WOULD THEREFORE BE TWO TYPES OF CAREER STRUCTURE : ONE FOR NATIONALS