Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 09/25/2008

Subject: The Court ruled that a Turkish national, who was authorised to enter the territory of a Member State as a child in the context of a family reunion and who has acquired the right to take up freely any paid employment of his choice under the second indent of the first paragraph of Article 7 of Decision No 1/80, on the Development of the Association between the EEC and Turkey, does not lose the right of residence in that State, which is the corollary of that right of free access, even though, at the age of 23, he has not been in paid employment since leaving school at the age of 16 and has taken part in government job-support schemes without, however, completing them. The Court reminded its constant case-law in which she ruled that there can be only two kinds of restrictions on the rights conferred by the first paragraph of Article 7 of Decision No 1/80, namely, either that based on the presence of the Turkish migrant in the host Member State where he constitutes, on account of his own conduct, a genuine and serious threat to public policy, public security or public health, or that relating to the fact that the person concerned has left the territory of that State for a significant length of time without legitimate reason.

Parties: Hakan Er

Classification: Solidarity - Art. 34 Rights of foreign people

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