Keywords
Summary

Keywords

1. International agreements – EEC-Turkey Association Agreement – Association Council established by the EEC-Turkey Association Agreement – Decision No 1/80 – Family reunification

(Additional Protocol to the EEC-Turkey Association Agreement, Art. 59; Decision No 1/80 of the EEC-Turkey Association Council , Arts 7, first para., and 14(1))

2. International agreements – EEC-Turkey Association Agreement – Association Council established by the EEC-Turkey Association Agreement – Decision No 1/80 – Limitations of rights on grounds of public policy, public security or public health

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 14(1))

Summary

1. A Turkish national, who was authorised while he was a child to enter the territory of a Member State in order to join his family and who has acquired the right of free access to any paid employment of his choice under the second indent of the first paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council, loses the right of residence in the host Member State which is a corollary of that right of free access only in two situations, that is:

- where his presence in the territory of the host Member State constitutes, by reason of his personal conduct, a genuine and serious danger to public policy, public security or public health within the meaning of Article 14(1) of that decision, or

- if he leaves the territory of the Member State concerned for a significant length of time without legitimate reason

even though he is over 21 years of age, is no longer dependent on his parents, but lives independently in the Member State concerned, and was not available to join the labour force for several years because he was during that period serving an unsuspended sentence of imprisonment.

That interpretation is not incompatible with the requirements of Article 59 of the Additional Protocol to the Association Agreement, according to which Turkey may not receive more favourable treatment than that applicable between Member States.

(see para. 21, operative part 1)

2. Article 14 of Decision No 1/80 of the EEC-Turkey Association Council, authorising limitations on the rights conferred by that decision which are justified on grounds of public policy, public security or public health, must be interpreted as not precluding the taking of an expulsion measure against a Turkish national who has been the subject of several criminal convictions, provided that his behaviour constitutes a genuine and sufficiently serious threat to a fundamental interest of society. It is for the national court to determine whether that is the case.

(see para. 39, operative part 2)