(Not so Free?) Movement of Turkish Nationals KOC UNIVERSITY EU SUBSTANTIVE LAW Dr. Jorrit Rijpma Europa Institute

1. From EEC 6 naar EU 27 1981 Greece 1986 Portugal, Spain 1952 Belgium, France, Germany, Italy, Luxembourg en NL 1973 Denmark, Ireland and the UK 1981 Greece  1986 Portugal, Spain 1995 Finland, Austria and Sweden 2004 Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia, Slovakia, Tsjech Republic 2007 Bulgaria, Romania

6+1 enlargements 1952 1973 1981 1986 1990 1995 2004 2007 4

Conditions for Membership Article 49 TEU: Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union.

Conditions for EU Membership Article 2 TEU: The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Copenhagen criteria (1993) Political/Economic/Legislative At the time of accession: Stabile institutions which can guarantee the respect for democray, rule of law, human rights and the protection of minority rights; a functioning market economy that can cope with the competitive pressures and market forces within the Union Be capable of fulfilling the obligations of EU membership, amongst which support to the objectives of the EU (such as EMU); have goverment institutions which are capable of applying and enforcing the EU-rules and regulations(acquis communautaire).

Procedure accession EU Artikcle 49 TEU: Request to Council EP en national parliaments informed Commission consulted Consent Parlement with an absolute majority of votes Unanimity in Council Ratification accession treaty by all Member States (+ acceding state) in accordance with their respective constitutional requirements.

Europa tomorrow? Candidate Member States: Croatia FYR Macedonia Iceland Montenegro Serbia Potential candidate countries: Western Balcans (Albania, Kosovo, Albania) Others: Ukraine/Georgia? Alternative: European Neighbourhood Policy

Turkey on the way the EU Membership Candidate country since Nov. 1999 (Helsinki European Council) 2001: Accession Partnership Accession negotiations started Oct. 2005 (screening process) One chapter closed, negotiations on 12 chapters Revised Accession Partnership adopted on 18 February 2008 December 2006: Council decides not to open 8 chapters and no official closure Free Movement of Goods, Right of Establishment and Freedom to Provide Services, Financial Services, Agricultural and Rural development, fisheries, Transport Policy, Customs Union and External Relations.

Turkey on the way the EU Membership 1959: Application for Associate Membership EEC 1963: Ankara Association Agreement 1970: Additional Protocol 1980: Adoption of Decions 1/80 (provisions on free movement of workers enter into force) 1987: Application for EC membership 1995: Customs Union

Association Agreement Article 12 envisages eventual free movement of persons Similar concepts to be interpreted in the same way as much as possible First right of entry and employment is still left to the MS/Turkey Direct effect of agreement and decisions of the Association Council (in as far they are…)

Decision 1/80 Employment Rights Art. 6(1) Turkish worker duly registered as belonging to the national work force Renewal of permit after one year’s legal employment Respond to any job offer after three years, subject to labour market test Free access to any job after 4 years

Decision 1/80 Employment Rights Art. 10 Turkish worker duly registered as belonging to the national work force is entitled to equal treatment and other conditions of work

Decision 1/80 Family rights Art. 7(1) Members of the family of the Turkish worker who is duly registered as belonging to the national work force and who have been “authorized to join him” have the right to: Respond to any job offer after 3 years Enjoy free access to employment after 5 years

Decision 1/80 Family rights (children) Art. 7(2) Children who have finished vocational training can respond to any job offer, provided one of their parents has been legally employed for minimum of 3 years

Decision 1/80 Derogations Art. 14(1) Derogations on the basis of public policy, public security, public health Derin: “obliged to assess the personal conduct of the offender and whether it constitutes a present, genuine and sufficiently serious threat to public policy and security and in addition they must observe the principle of proportionality.

Decision 1/80 Derogations Note: Turkish citizens have NO EU CITIZENSHIP! Only similar interpretation in as far as possible Case 371/08 (Ziebell), enhanced protection (c.f. Tsakouridis) does not apply to Turkish nationals!

Two important clauses Article 14 of the Additional Protocol Read together with Article 13 Decision 1/80: Stand-Still Clause (Stand-still also means you cannot restrict conditions once you have loosened them: Toprak and… Dereci!) And Article 10 Decision 1/80: Non-Discrimination

And the Dutch will have to learn… Visa for workers/established persons Fees for visa and residence permits Integration Courses Expulsion