A v Udlændinge- og Integrationsministeriet.
Date: 2019-07-10
23


In that regard, it is apparent from settled case-law of the Court that the ‘standstill’ clause contained in Article 13 of Decision No 1/80 prohibits generally the introduction of any new national measure having the object or effect of making the exercise by a Turkish national of the freedom of movement for workers on national territory subject to conditions more restrictive than those which applied at the time when Decision No 1/80 entered into force with regard to the Member State concerned (judgment of 29 March 2017, Tekdemir, C‑652/15, EU:C:2017:239, paragraph 25 and the case-law cited).
26


Since the situation of B, a Turkish worker legally integrated in the labour market in Denmark, relates to an economic freedom, in this case the freedom of movement for workers, it must be found that such a situation comes within the scope of Article 13 of Decision No 1/80 (judgment of 12 April 2016, Genc, C‑561/14, EU:C:2016:247, paragraph 36).
27


Consequently, it is only the situation of the Turkish worker resident in the Member State concerned, in this case B, which should be referred to in order to determine whether, under the standstill clause referred to in Article 13 of Decision No 1/80, a national measure such as that at issue in the main proceedings must be disapplied, if it proves to be the case that it is likely to affect his freedom to carry out paid employment in that Member State (see, to that effect, judgment of 12 April 2016, Genc, C‑561/14, EU:C:2016:247, paragraph 37).
28


In that context, it should be borne in mind that national legislation tightening the conditions for family reunification of Turkish workers legally resident in the Member State in question, in relation to the conditions applicable at the time of the entry into force in that Member State of Decision No 1/80, constitutes a ‘new restriction’, within the meaning of Article 13 of that decision, on the exercise by such Turkish workers of the freedom of movement for workers in that Member State (judgment of 7 August 2018, Yön, C‑123/17, EU:C:2018:632, paragraph 64 and the case-law cited).
29


That is the case because the decision of a Turkish national to go to a Member State in order to take up paid employment there could be negatively affected where the legislation of that State makes family reunification difficult or impossible, as a result of which that national could, as the case may be, find himself obliged to choose between his activity in the Member State concerned and his family life in Turkey (see, to the effect, judgment of 7 August 2018, Yön, C‑123/17, EU:C:2018:632, paragraphs 61 and 62).
31


As is apparent from the Court’s case-law, a restriction whose object or effect is to make the exercise by a Turkish national of the freedom of movement of workers in national territory subject to conditions more stringent than those applicable on the date of entry into force of Decision No 1/80 is prohibited, unless it falls within the restrictions referred to in Article 14 of that decision or it is justified by an overriding reason in the public interest, is suitable to achieve the legitimate objective pursued and does not go beyond what is necessary in order to attain it (see judgment of 7 August 2018, Yön, C‑123/17, EU:C:2018:632, paragraph 72 and the case-law cited).
34


As regards, in the first place, the objective of achieving successful integration, the Court has held that such an objective may, in the light of the importance given, in the context of EU law, to integrating measures, constitute an overriding reason in the public interest, for the purposes of Article 13 of Decision 1/80 (judgment of 12 April 2016, Genc, C‑561/14, EU:C:2016:247, paragraphs 55 and 56).
43


In the second place, as regards the objective of the efficient management of migration flows relied on by the Danish Government, the Court has held that such an objective may constitute an overriding reason in the public interest capable of justifying a new restriction within the meaning of Article 13 of Decision No 1/80 (judgment of 29 March 2017, Tekdemir, C‑652/15, EU:C:2017:239, paragraph 39).