AUSLAENDERGESETZ ( ALIENS LAW ); THOSE AMENDMENTS RAISED FROM THREE TO EIGHT YEARS THE PERIOD DURING WHICH THE FOREIGN NATIONAL WAS REQUIRED TO HAVE RESIDED CONTINUOUSLY AND LAWFULLY ON GERMAN TERRITORY . MRS DEMIREL' S HUSBAND DID NOT FULFIL THAT CONDITION AT THE TIME OF THE EVENTS WHICH LED TO THE MAIN PROCEEDINGS .
4 THE VERWALTUNGSGERICHT STUTTGART, TO WHICH APPLICATION WAS MADE FOR ANNULMENT OF THE ORDER THAT MRS DEMIREL LEAVE THE COUNTRY, REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE :
( 1 ) DO ARTICLE 12 OF THE ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY AND ARTICLE 36 OF THE ADDITIONAL PROTOCOL THERETO, IN CONJUNCTION WITH ARTICLE 7 OF THE ASSOCIATION AGREEMENT, ALREADY LAY DOWN A PROHIBITION THAT UNDER COMMUNITY LAW IS DIRECTLY APPLICABLE IN THE MEMBER STATES ON THE INTRODUCTION OF FURTHER RESTRICTIONS ON FREEDOM OF MOVEMENT APPLICABLE TO TURKISH WORKERS LAWFULLY RESIDING IN A MEMBER STATE IN THE FORM OF A MODIFICATION OF AN EXISTING ADMINISTRATIVE PRACTICE?
( 2 ) IS THE EXPRESSION "FREEDOM OF MOVEMENT" IN THE ASSOCIATION AGREEMENT TO BE UNDERSTOOD AS GIVING TURKISH WORKERS RESIDING IN A MEMBER STATE THE RIGHT TO BRING CHILDREN UNDER THE AGE OF MAJORITY AND SPOUSES TO LIVE WITH THEM?
5 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS IN THE MAIN PROCEEDINGS, THE PROVISIONS OF GERMAN LEGISLATION, THE AGREEMENT AND THE PROTOCOL THERETO, THE COURSE OF THE PROCEDURE AND THE OBSERVATIONS SUBMITTED UNDER ARTICLE 20 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EEC, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
JURISDICTION OF THE COURT
6 SINCE, IN THEIR WRITTEN OBSERVATIONS, THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND THE UNITED KINGDOM CALL IN QUESTION THE JURISDICTION OF THE COURT TO INTERPRET THE PROVISIONS OF THE AGREEMENT AND THE PROTOCOL REGARDING THE FREEDOM OF MOVEMENT FOR WORKERS, IT IS APPROPRIATE TO CONSIDER THE ISSUE OF THE COURT' S JURISDICTION BEFORE RULING ON THE QUESTIONS SUBMITTED BY THE NATIONAL COURT .
7 IT SHOULD FIRST BE POINTED OUT THAT, AS THE COURT HELD IN ITS JUDGMENT OF 30 APRIL 1974 IN CASE 181/73 HAEGEMAN V BELGIUM (( 1974 )) ECR 449, AN AGREEMENT CONCLUDED BY THE COUNCIL UNDER ARTICLES 228 AND 238 OF THE TREATY IS, AS FAR AS THE COMMUNITY IS CONCERNED, AN ACT OF ONE OF THE INSTITUTIONS OF THE COMMUNITY WITHIN THE MEANING OF ARTICLE 177 ( 1 ) ( B ), AND, AS FROM ITS ENTRY INTO FORCE, THE PROVISIONS OF SUCH AN AGREEMENT FORM AN INTEGRAL PART OF THE COMMUNITY LEGAL SYSTEM; WITHIN THE FRAMEWORK OF THAT SYSTEM THE COURT HAS JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING THE INTERPRETATION OF SUCH AN AGREEMENT .
8 HOWEVER, THE GERMAN GOVERNMENT AND THE UNITED KINGDOM TAKE THE VIEW THAT, IN THE CASE OF "MIXED" AGREEMENTS SUCH AS THE AGREEMENT AND THE PROTOCOL AT ISSUE