One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

ULUSLARARASI İLİŞKİLER, VOLUME 16, NUMBER 61, 2019 

A. Aslı BİLGİN* and Pierluigi SIMONE**

ABSTRACT

Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third-country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.

Keywords: EU–Turkey Readmission Agreement, EU–Turkey Association Law, Standstill Clause, Visa–Free Travel for Turkish Citizens

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* Assoc. Prof. Dr., Department of Public Law, Faculty of Law, Çukurova University, Adana.

** Assist. Prof. Dr., Department of Public Law, Faculty of Law, University of Rome (Tor Vergata), Italy.


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