ASSASSINATED AND MIGHT THEREFORE BE CONTRARY TO THE REQUIREMENTS OF PUBLIC SAFETY .
37 IN SUCH CIRCUMSTANCES , THE CONTEXT OF CERTAIN POLICING ACTIVITIES MAY BE SUCH THAT THE SEX OF POLICE OFFICERS CONSTITUTES A DETERMINING FACTOR FOR CARRYING THEM OUT . IF THAT IS SO , A MEMBER STATE MAY THEREFORE RESTRICT SUCH TASKS , AND THE TRAINING LEADING THERETO , TO MEN . IN SUCH A CASE , AS IS CLEAR FROM ARTICLE 9 ( 2 ) OF THE DIRECTIVE , THE MEMBER STATES HAVE A DUTY TO ASSESS PERIODICALLY THE ACTIVITIES CONCERNED IN ORDER TO DECIDE WHETHER , IN THE LIGHT OF SOCIAL DEVELOPMENTS , THE DEROGATION FROM THE GENERAL SCHEME OF THE DIRECTIVE MAY STILL BE MAINTAINED .
38 IT MUST ALSO BE BORNE IN MIND THAT , IN DETERMINING THE SCOPE OF ANY DEROGATION FROM AN INDIVIDUAL RIGHT SUCH AS THE EQUAL TREATMENT OF MEN AND WOMEN PROVIDED FOR BY THE DIRECTIVE , THE PRINCIPLE OF PROPORTIONALITY , ONE OF THE GENERAL PRINCIPLES OF LAW UNDERLYING THE COMMUNITY LEGAL ORDER , MUST BE OBSERVED . THAT PRINCIPLE REQUIRES THAT DEROGATIONS REMAIN WITHIN THE LIMITS OF WHAT IS APPROPRIATE AND NECESSARY FOR ACHIEVING THE AIM IN VIEW AND REQUIRES THE PRINCIPLE OF EQUAL TREATMENT TO BE RECONCILED AS FAR AS POSSIBLE WITH THE REQUIREMENTS OF PUBLIC SAFETY WHICH CONSTITUTE THE DECISIVE FACTOR AS REGARDS THE CONTEXT OF THE ACTIVITY IN QUESTION .
39 BY REASON OF THE DIVISION OF JURISDICTION PROVIDED FOR IN ARTICLE 177 OF THE EEC TREATY , IT IS FOR THE NATIONAL COURT TO SAY WHETHER THE REASONS ON WHICH THE CHIEF CONSTABLE BASED HIS DECISION ARE IN FACT WELL FOUNDED AND JUSTIFY THE SPECIFIC MEASURE TAKEN IN MRS JOHNSTON ' S CASE . IT IS ALSO FOR THE NATIONAL COURT TO ENSURE THAT THE PRINCIPLE OF PROPORTIONALITY IS OBSERVED AND TO DETERMINE WHETHER THE REFUSAL TO RENEW MRS JOHNSTON ' S CONTRACT COULD NOT BE AVOIDED BY ALLOCATING TO WOMEN DUTIES WHICH , WITHOUT JEOPARDIZING THE AIMS PURSUED , CAN BE PERFORMED WITHOUT FIRE-ARMS .
40 THE ANSWER TO THE INDUSTRIAL TRIBUNAL ' S SECOND AND THIRD QUESTIONS SHOULD THEREFORE BE THAT ARTICLE 2 ( 2 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT IN DECIDING WHETHER , BY REASON OF THE CONTEXT IN WHICH THE ACTIVITIES OF A POLICE OFFICER ARE CARRIED OUT , THE SEX OF THE OFFICER CONSTITUTES A DETERMINING FACTOR FOR THAT OCCUPATIONAL ACTIVITY , A MEMBER STATE MAY TAKE INTO CONSIDERATION REQUIREMENTS OF PUBLIC SAFETY IN ORDER TO RESTRICT GENERAL POLICING DUTIES , IN AN INTERNAL SITUATION CHARACTERIZED BY FREQUENT ASSASSINATIONS , TO MEN EQUIPPED WITH FIRE-ARMS .
THE DEROGATIONS ALLOWED ON THE GROUND OF A CONCERN TO PROTECT WOMEN
41 IN ITS FOURTH AND FIFTH QUESTION THE INDUSTRIAL TRIBUNAL THEN ASKS THE COURT FOR AN INTERPRETATION OF THE EXPRESSIONS ' PROTECTION OF WOMEN ' IN ARTICLE 2 ( 3 ) OF THE DIRECTIVE AND ' CONCERN FOR PROTECTION ' IN ARTICLE 3 (