Keywords

Summary



Keywords

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1 . Preliminary rulings - Jurisdiction of the Court - Measures adopted by the institutions - Community agreements - Association agreement -Decisions of the Council of Association

( EEC Treaty, Articles 177(1)(b ), 228 and 238 )

2 . International agreements - Community agreements - Direct effect - Conditions - Decisions on freedom of movement for workers - Council Association established by the EEC-Turkey Association Agreement

( EEC-Turkey Association Agreement; Decisions Nos 2/76 and 1/80 of the EEC-Turkey Association Council )

3 . International agreements - EEC-Turkey Association Agreement - Free movement of persons - Workers - Access of Turkish nationals to employment of their choice in one of the Member States - Conditions - Prior engagement in legal employment - Concept

( EEC-Turkey Association Agreement; Decisions Nos 2/76 and 1/80 of the EEC-Turkey Association Council )

Summary

1 . The provisions adopted for the implementation of an association agreement concluded by the Council and a non-member country by the Association Council created by that agreement form an integral part of the Community legal system, in the same way as the agreement itself, as from their entry into force, so that the Court, which has jurisdiction, on the basis of Article 177 of the Treaty, to give rulings on the agreement, which was adopted as an act of the institutions, also has jurisdiction to give rulings on their interpretation, this being conducive to the uniform application of Community law .

2 . Like the provisions of agreements concluded by the Community with non-member countries, provisions adopted by an Association Council created by an association agreement in order to ensure the implementation of its provisions must be regarded as being directly applicable when, regard being had to their wording and their purpose and nature, as well as to those of the association agreement, they contain a clear and precise obligation which is not subject, in its implementation or effects, to the adoption of any subsequent measure . Those conditions are fulfilled by Articles 2(1)(b ) and 7 of Decision No 2/76 and the third indent of Article 6(1 ) and Article 13 of Decision No 1/80, both of which were adopted by the Association Council created by the EEC-Turkey Association Agreement in order to ensure the progressive implementation of the freedom of movement for workers provided for by provisions which set out a programme, so that those provisions have direct effect in the Member States of the Community .

In that regard, it is of little importance that provision is made for the possibility of national implementing measures, since the latter do not reflect any discretionary power, or that such decisions have not been published, since non-publication may only prevent their being applied to a private individual, or that safeguard clauses may be put into effect by the Member States, since those clauses are applicable only in specific situations .

3 . Article 2(1)(b ) of Decision No 2/76 and the third indent of Article 6(1 ) and Article 13 of Decision No 1/80, both of which were adopted by the Association Council created by the EEC-Turkey Association Agreement, grant a Turkish worker, after a specified period of legal employment in a Member State, access to any paid employment of his choice . The legality of the employment within the meaning of those provisions, even assuming that it is not necessarily conditional upon possession of a properly issued residence permit, nevertheless presupposes a stable and secure situation as a member of the labour force . Accordingly, the term "legal employment" in those provisions does not cover the situation of a Turkish worker authorized to engage in employment for such time as the effect of a decision refusing him a right of residence, against which he has lodged an appeal which has been dismissed, is suspended .