| Popis: |
Signing Ankara Agreement in 1963, Turkey and the European EconomicCommunity (EEC) established an association relationship. The significance of theassociation which has been developed later on by virtue of the Additional Protocol andthe EC — Turkey Association Council's decisions, has increased after the interpretationof the European Court of Justice indicating that some of the provisions of the AdditionalProtocol and the EC — Turkey Association Council decisions, have a directlyeffectiveness nature on member states. The process of interpreting the norms of theAssociation law in the light of the Community law, which started with Demirel case in1987, provided an important collection of case-law in the related area. Within thiscontext, especially following the Tüm and Dar ı decisions, dated 20 September 2007,there have been debates among academics about the existence of the Turkish citizens'right to travel to EU member states without any visa requirements. The essence of thisstudy is therefore the examination of the latest decisions of the European Court ofJustice, considering the Standstill clause (Stillhalteklausel), written in Article 41 / 1 ofthe Additional Protocol, stating that "a member state 's applicable provisions to theTurkish citizens coming over to their states with the purpose of starting business andestablishment, shall not be aggravated beginning the entry into force of the AdditionalProtocol in its territory. |
