Opinion of the Advocate General — ECLI:EU:C:2007:20
Date: 2007-01-11
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment International agreements – EEC-Turkey Association Agreement – Association Council established by the EEC-Turkey Association Agreement – Decision No 1/80 – Family reunification – Child of a Turkish worker having acquired the right of free access to employment (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)) It follows from both the scheme and the objective of Decision No 1/80 on the development of the Association, adopted by the Association Council established by the Agreement establishing an Association between the European Economic Community and Turkey that 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, 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 he constitutes, on account of his own conduct, a genuine and serious threat to public policy, public security or public health, in accordance with 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. Such an interpretation is not inconsistent with the requirements of Article 59 of the Additional Protocol to the Association Agreement, whereby Turkey may not receive more favourable treatment than that applicable between Member States. (see paras 54, 57, 75, operative part)