OVG Lüneburg, 15.03.2011, Ref.:11 ME 59/11
The Association Agreement between the EEC and Turkey
The Association Agreement between the European Economic Community (EEC) and Turkey, which is intended to prepare Turkey for EU membership, has been in place since 1963. Within the framework of this international treaty, the decision of the Association Council ARB 1/80 is particularly important, as it has far-reaching consequences for Turkish nationals in terms of immigration and employment law.
Direct effect of ARB 1/80
The European Court of Justice (ECJ) has clarified in its case law that the provisions of ARB 1/80 - as well as the Association Agreement and the Additional Protocol - have direct effect in the Member States if they contain clear and unambiguous obligations. These may neither depend on the fulfilment of further national implementing acts nor lose their effect through national regulations. If a Turkish national fulfils one of the requirements of the ARB 1/80 (in particular Art. 6 or 7), they do not require an additional administrative document or residence permit, as they are entitled to a right of residence under European law, which cannot be withdrawn or restricted by conflicting national regulations.
Residence and labour rights according to Art. 6 and 7 ARB 1/80
Art. 6 para. 1 ARB 1/80 regulates the residence rights of workers and ensures the gradual integration of Turkish workers into the labour market of the host Member State. Art. 7 ARB 1/80 privileges the family members of a Turkish worker who belongs to the regular labour market. These family members are granted free access to the labour market according to the duration of their regular residence. It is particularly important to emphasise that children of Turkish workers who have completed vocational training in the host country can apply for any job offer, regardless of the length of their stay, provided that one of their parents has been employed in the Member State for at least three years.
The decision of the Higher Administrative Court of Lüneburg confirms the current legal situation, according to which a spouse who has joined his or her spouse is not granted a right of residence under the law of association before the expiry of three years in accordance with Art. 7 sentence 1 ARB 1/80.
Source: OVG Lüneburg
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