Stillhalteklausel Bezuglich Derniederlassungs- und Dienstleistungsfreiheit aus dem Ankara Abkommen und Art. 41/I des Zusatzprotokolls im Hinblick auf die Neuen Rechtsprechungen des EuGH

Yıl 2008, Cilt: 7 Sayı: 2, 33 - 46, 01.04.2008

Tolga Candan

https://doi.org/10.1501/Avraras_0000000123

Öz

Signing Ankara Agreement in 1963, Turkey and the European Economic
Community (EEC) established an association relationship. The significance of the
association which has been developed later on by virtue of the Additional Protocol and
the EC — Turkey Association Council's decisions, has increased after the interpretation
of the European Court of Justice indicating that some of the provisions of the Additional
Protocol and the EC — Turkey Association Council decisions, have a directly
effectiveness nature on member states. The process of interpreting the norms of the
Association law in the light of the Community law, which started with Demirel case in
1987, provided an important collection of case-law in the related area. Within this
context, especially following the Tüm and Dar ı decisions, dated 20 September 2007,
there have been debates among academics about the existence of the Turkish citizens'
right to travel to EU member states without any visa requirements. The essence of this
study is therefore the examination of the latest decisions of the European Court of
Justice, considering the Standstill clause (Stillhalteklausel), written in Article 41 / 1 of
the Additional Protocol, stating that "a member state 's applicable provisions to the
Turkish citizens coming over to their states with the purpose of starting business and
establishment, shall not be aggravated beginning the entry into force of the Additional
Protocol in its territory.

Anahtar Kelimeler

Ankara Anla şması, Katma Protokol, Standstill ilkesi