Keywords
Summary

Keywords

1. International agreements - EEC-Turkey Association Agreement - Freedom of movement for persons - Workers - Right of Turkish workers to renewal of residence permits - Conditions - Worker duly registered as belonging to the labour force - Worker detained pending trial and subsequently sentenced to a suspended term of imprisonment - Covered

(Decision No 1/80 of the EEC-Turkey Association Council, Art. 6(1))

2. International agreements - EEC-Turkey Association Agreement - Freedom of movement for persons - Derogations - Public policy grounds - Expulsion of a Turkish worker as a general deterrent - Not permissible

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

Summary

$$1. A Turkish national who has been in legal employment in a Member State for an uninterrupted period of more than four years but is subsequently detained pending trial for more than a year in connection with an offence for which he is ultimately sentenced to a term of imprisonment suspended in full has not ceased, because he was not in employment while detained pending trial, to be duly registered as belonging to the labour force of the host Member State if he finds a job again within a reasonable period after his release, and may claim there an extension of his residence permit for the purposes of continuing to exercise his right of free access to any paid employment of his choice under the third indent of Article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council.

( see para. 49, and operative part, para. 1 )

2. Article 14(1) of Decision No 1/80 of the EEC-Turkey Association Council - under which the provisions of that decision relating to employment and freedom of movement for Turkish workers are to be applied subject to limitations justified on grounds of public policy, public security or public health - is to be interpreted as precluding the expulsion of a Turkish national who enjoys a right granted directly by that decision when such expulsion is ordered, following a criminal conviction, as a deterrent to other aliens without the personal conduct of the person concerned giving reason to consider that he will commit other serious offences prejudicial to the requirements of public policy in the host Member State.

( see para. 64 and operative part, para. 2 )