Keywords
Summary

Keywords

++++

1 . PRELIMINARY RULINGS - NATIONAL LAW - INTERPRETATION - FACTORS DEPENDING ON COMMUNITY LAW - JURISDICTION OF THE COURT

( EEC TREATY, ARTICLE 177 )

2 . ACTS OF AN INSTITUTION - REGULATIONS - BINDING FORCE - CONDITIONS OF APPLICATION - DETERMINATION - COMPETENT NATIONAL AUTHORITIES - NATURE OF SUCH AUTHORITIES IRRELEVANT

( EEC TREATY, ARTICLE 189 )

3 . FREE MOVEMENT - WORKERS - NATIONALS OF A MEMBER STATE - EMPLOYMENT IN THE TERRITORY OF ANOTHER MEMBER STATE - CHILDREN - EDUCATION - ADMISSION UNDER THE SAME CONDITIONS AS THE NATIONALS OF THE HOST STATE - SCOPE

( REGULATION NO 1612/68 OF THE COUNCIL, ARTICLE 12, FIRST PARAGRAPH )

Summary

1 . ALTHOUGH UNDER THE PRELIMINARY RULINGS PROCEDURE THE COURT CANNOT JUDGE A NATIONAL LAW, IT IS COMPETENT TO SUPPLY THE NATIONAL COURT WITH THE PRINCIPLES OF INTERPRETATION ARISING FROM COMMUNITY LAW WHICH COULD GUIDE IT IN ASSESSING THE EFFECTS OF THE NATIONAL LAW .

2 . SINCE REGULATIONS, UNDER ARTICLE 189 OF THE TREATY, HAVE GENERAL APPLICATION AND ARE BINDING IN THEIR ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES, IT IS IRRELEVANT THAT THE CONDITIONS OF THEIR IMPLEMENTATION ARE LAID DOWN BY RULES ISSUED BY THE CENTRAL POWER, BY THE AUTHORITIES OF A COUNTRY FORMING PART OF A FEDERAL STATE OR OF OTHER TERRITORIAL ENTITIES OR EVEN BY AUTHORITIES WHICH THE NATIONAL LAW EQUATES WITH THEM .

3 . IN PROVIDING THAT THE CHILDREN OF A NATIONAL OF A MEMBER STATE WHO IS OR HAS BEEN EMPLOYED IN THE TERRITORY OF ANOTHER MEMBER STATE SHALL BE ADMITTED TO EDUCATIONAL COURSES 'UNDER THE SAME CONDITIONS AS THE NATIONALS' OF THE HOST STATE, ARTICLE 12 OF REGULATION NO 1612/68 REFERS NOT ONLY TO RULES RELATING TO ADMISSION, BUT ALSO TO GENERAL MEASURES INTENDED TO FACILITATE EDUCATIONAL ATTENDANCE .