Master'sOpen Access

Standstill clause and its impact on the visa and some other issues between Turkey and EU member states

2014
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Advisor: Prof. Dr. Harun Gümrükçü ; Prof. Dr. Wolfgang Voegelı

Abstract (EN)

Turkey has recently achieved a remarkable economic growth. In this regard, it is easily said that European Union Member States going through an economic crisis might benefit from commercial, educational, cultural and touristic visits of Turkish people. However, Turkey is currently the only European Union candidate county whose citizens are obliged to get a visa before to enter to the mentioned States. The Schengen visa regime and restrictions concerning the freedom of movement for workers, freedom of establishment and, freedom to provide and receive services to the detriment of Turkish citizens present a significant obstacle to the strengthening of relations between Turkey and the European Union. Association agreements and their additions with third countries such as the ones with Turkey are primary legal sources of EU legislation and so directly applicable; additionally, standstill clauses laid down in these sources protect previously given and acquired rights of citizens of both contracting parties. Turkey is bound to the European Union Member States through the Ankara Agreement (signed in 1963), including the Additional Protocol (signed in 1970 and elaborated the Ankara Agreement and determined conditions of its implementation). The mentioned Agreement and Protocol have been extended with the lots of Association Council Decisions and formed the Association Law between two parties. The mentioned Association Law has been interpreted by only the European Court of Justice. In recent years, by virtue of its decisions, the mentioned Court, as a guardian of the EU law, has performed a very significant function through condemning European Union Member States to pay, which states do not adapt European Union Law into their domestic law, not fully reflect it or not adapt it in time. In this regard, there are numerous restrictions on visa and other issues which have been implemented by the mentioned States for Turkish nationals. Therefore, it should be beneficial to remember and keep in mind some details about relationships between both sides, rights and freedoms of Turkish nationals arising from European Union-Turkey Association Law, interpretations of the European Court of Justice in light of the mentioned Association Law and some new steps such as the Positive Agenda, Readmission Agreement and notably Visa Liberalization Dialogue. Additionally, all Turkish authorities and nationals should be more aware of their acquired rights laid down in Association Law.

Author

Dr. Buket Karaağaç

How to Cite

Buket Karaağaç (Master Thesis). Standstill clause and its impact on the visa and some other issues between Turkey and EU member states, 2014, Akdeniz University.

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