TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

ACTIV İSM IN THE EUROPEAN COURT OF JUST İ CE ANDCHANGING OPT İONS FOR TURKISH CITIZEN M İGRANTS IN THEUNITED KINGDOMDr. Prakash SHAHAbstractSince the eariy days of their recruitment as workers into ART İ CLE BYWestern Europe, Turkish citizens' immigration and residence PRAKASH SHAHrights have been curtailed by EU Member States even though themigration of Turkish citizens has not abated. Despite restrictivetrends in the Mernber States and the EU, the European Courtof Justice (ECJ) has interpreted the obligations arising from theAnkara Agreement between Turkey and the EEC (1963), and itsAdditional Protocoi (1970), to enhance the security of residenceand employment status for Turkish citizen migrants. The UKdid not participate in Iarge-scale recruitment of workers fromTurkey, but has experienced predominantiy asylum migrationfrom Turkey since the 19805. The robust interpretation of theAdditionai Protocoi's 'standstiii' provision which aliows relianceon older rules for business persons and service providers (andreceivers) has come to assume particular importance for Turkishcitizens in the UK. This chapter examines the changing optionsavailable to Turkish citizen migrants in the UK within the broaderEU context. in so doing, it surveys some recent decisions of theECJ and anaiyses their importance in Iight of the UK's immigrationrules and immigration trends from Turkey to the UK. Thesedevelopments are piaced within a conceptual schema whichviews the regulatory structure determining the legal status ofTurkish citizen migrants as an example of complex legal pluralism.queen Mary University of London, Schooi of Law.299