Opinion of the Advocate General — ECLI:EU:C:2016:960
Date: 2016-12-15
Language of the case: German
Subject matter: Association Agreement;External relations;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (First Chamber), 29 March 2017 International agreements — EEC-Turkey Association Agreement — Freedom of movement for persons — Workers — ‘Standstill’ rule in Article 13 of Decision No 1/80 of the Association Council — Scope — National legislation laying down new restrictions — Requirement for nationals of third countries under 16 years old to hold a residence permit — Justification for overriding reasons in the public interest — Efficient management of migration flows — Breach of principle of proportionality — Conditions (Decision No 1/80 of the EEC-Turkey Association Council, Art. 13) Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23 December 1963 must be interpreted as meaning that the objective of efficient management of migration flows may constitute an overriding reason in the public interest capable of justifying a national measure, introduced after the entry into force of that decision in the Member State in question, requiring nationals of third countries under the age of 16 years old to hold a residence permit in order to enter and reside in that Member State. Such a measure is not, however, proportionate to the objective pursued where the procedure for its implementation as regards child nationals of third countries born in the Member State in question and one of whose parents is a Turkish worker lawfully residing in that Member State, such as the applicant in the main proceedings, goes beyond what is necessary for attaining that objective. (see operative part)