ATAD içtihadları ışığında Avrupa Birliği'nde yaşayan Türk vatandaşlarının oturma ve çalışma hakları

One of the biggest problems today between Turkey and the European Union is the free movement of Turkish citizens in the Union. As Turkey is not a Member of the European Union, Turkish nationals are not allowed to move freely within the EU. However, Turkish workers are entitled to certain rights in the host state in which they entered legally. Labour rights and right of residence of the workers are protected firstly by the Ankara Agreement, Additional Protocol and the decisions of the Association Council (2/76, 1/80 and 3/80). These rights give a privileged position to Turkish workers compared to third countries nationals in the context of the decisions of the Court of Justice of the European Union. The Court of Justice, under the Law of association, appears to reconcile the status of Turkish workers with the workers of the Member States.