Georg Dörr v Sicherheitsdirektion für das Bundesland Kärnten and Ibrahim Ünal v Sicherheitsdirektion für das Bundesland Vorarlberg.
Date: 2005-06-02
41. In that regard, it should first be noted that it follows from Article 8 of Directive 64/221 that a person covered by that directive must have the same legal remedies in respect of any decision refusing the renewal of a residence permit, or ordering expulsion from the territory, as are available to nationals of the State concerned in respect of acts of the administration (see Case 98/79 Pecastaing  [1980] ECR 691, paragraphs 9 and 10, and Joined Cases C-297/88 and C-197/89 Dzodzi  [1990] ECR I-3763, paragraphs 57 and 58).
46. In that regard, is it sufficient to point out that it is not for the Court, in the context of a reference for a preliminary ruling, to rule on the interpretation of national provisions or to decide whether the referring court’s interpretation thereof is correct (see, to that effect, Case C-58/98 Corsten  [2000] ECR I-7919, paragraph 24). The Court must take account, under the division of jurisdiction between the Community Courts and the national courts, of the factual and legislative context, as described in the decision for reference, in which the questions put to it are set (see Case C-475/99 Ambulanz Glöckner  [2001] ECR I-8089, paragraph 10, and Orfanopoulos and Oliveri , cited above, paragraph 42).
49. In that regard, it is established case-law that all steps must be taken by the Member States to ensure that the safeguard of the right of appeal guaranteed by Directive 64/221 is in fact available to any national of another Member State against whom a decision ordering expulsion has been issued. That guarantee would, however, become illusory if the Member States could, by the immediate enforcement of a decision ordering expulsion, deprive the person concerned of the opportunity to take advantage of the success of the pleas raised in his appeal (see, to that effect, Case 48/75 Royer  [1976] ECR 497, paragraphs 55 and 56).
62. The Court has inferred from the wording of those provisions that the principles laid down in the context of Article 48 of the Treaty must be extended, so far as possible, to Turkish nationals who enjoy the rights conferred by Decision No 1/80 (see, to that effect, Case C-275/02 Ayaz  [2004] ECR I-0000, paragraph 44, and Case C-467/02 Cetinkaya  [2004] ECR I‑0000, paragraph 42).
63. The Court has also held, when determining the scope of the public policy exception provided for in Article 14(1) of Decision No 1/80, that reference should be made to the interpretation given to that exception in the field of freedom of movement for workers who are nationals of a Member State of the Community ( Nazli , cited above, paragraph 56). Such an approach is all the more justified because Article 14(1) is formulated in terms that are almost identical to those of Article 48(3) of the Treaty (see Nazli , paragraph 56, and Cetinkaya , cited above, paragraph 43).
66. Such an interpretation is justified by the objective of progressively securing freedom of movement for Turkish workers, as set out in Article 12 of the Association Agreement. The social provisions of Decision No 1/80 constitute a further stage in securing that freedom (see, inter alia, Case C-1/97 Birden  [1998] ECR I-7747, paragraph 52, and Case C-188/00 Kurz  [2002] ECR I-10691, paragraph 40). In particular, Article 6(1) of Decision No 1/80 grants to migrant Turkish workers who fulfil its conditions precise rights with regard to the exercise of employment (see Joined Cases C-317/01 and C-369/01 Abatay and Others  [2003] ECR I-12301, paragraph 78). It is established case-law that Article 6(1) of Decision No 1/80, which has been recognised as having direct effect, creates an individual right as regards employment and a correlated right of residence (see Case C-192/89 Sevince  [1990] ECR I-3461, paragraphs 29 and 31; Case C-237/91 Kus  [1992] ECR I-6781, paragraph 33; Case C-171/95 Tetik  [1997] ECR I-329, paragraphs 26, 30 and 31; and Kurz , cited above, paragraphs 26 and 27).