Case C-402/21, Staatssecretaris van Justitie en Veiligheid and Others (Withdrawal of the right of residence of a Turkish worker): Judgment of the Court (Second Chamber) of 9 February 2023 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v S and E, C v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Articles 6 and 7 — Turkish nationals already integrated into the labour market of the host Member State and enjoying an associated right of residence — Decisions of national authorities withdrawing the right of residence of Turkish nationals who have been lawfully resident in the Member State concerned for more than 20 years on the ground that they constitute a present, genuine and sufficiently serious threat to a fundamental interest of society — Article 13 — Standstill clause — Article 14 — Justification — Grounds of public policy)
Date: 2023-02-09
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), foreign national, migrant worker, public order, residence permit








C_2023112EN.01000301.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/3






Judgment of the Court (Second Chamber) of 9 February 2023 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v S and E, C v Staatssecretaris van Justitie en Veiligheid
(Case C-402/21, (1) Staatssecretaris van Justitie en Veiligheid and Others (Withdrawal of the right of residence of a Turkish worker))
(Reference for a preliminary ruling - EEC-Turkey Association Agreement - Decision No 1/80 - Articles 6 and 7 - Turkish nationals already integrated into the labour market of the host Member State and enjoying an associated right of residence - Decisions of national authorities withdrawing the right of residence of Turkish nationals who have been lawfully resident in the Member State concerned for more than 20 years on the ground that they constitute a present, genuine and sufficiently serious threat to a fundamental interest of society - Article 13 - Standstill clause - Article 14 - Justification - Grounds of public policy)
(2023/C 112/03)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicants: Staatssecretaris van Justitie en Veiligheid, E, C

Defendants: S, Staatssecretaris van Justitie en Veiligheid

Operative part of the judgment







1.


Article 13 of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association between the European Economic Community and Turkey
must be interpreted as meaning that it may be relied on by Turkish nationals who hold the rights referred to in Article 6 or Article 7 of that decision.










2.


Article 14 of Decision No 1/80
must be interpreted as meaning that Turkish nationals who, according to the competent national authorities of the Member State concerned, constitute a genuine, present and sufficiently serious threat to one of the interests of society, may rely on Article 13 of that decision in order to oppose a ‘new restriction’, within the meaning of that provision, from being applied to them allowing those authorities to terminate their right of residence on grounds of public policy. Such a restriction may be justified under Article 14 of that decision in so far as it is suitable for securing the attainment of the objective of protecting public policy pursued and it does not go beyond what is necessary in order to attain it.






(1)  OJ C 391, 27.9.2021.