Opinion of the Advocate General — ECLI:EU:C:1999:371
Date: 1999-07-08
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 
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)) 
I - 957 
SUMMARY — CASE C-340/97 
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)) 
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 Arti­
cle 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 Coun­
cil — 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 pre­
cluding the expulsion of a Turkish 
national who enjoys a right granted 
directly by that decision when such 
expulsion is ordered, following a crim­
inal 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) 
I - 958