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

AKTUELLE ENTWICKLLJNGEN 1M STAATSANGEHÖRIGKEIrS -, AUSL İNDER- UND RÜCHTLINGSREOITARTICLEBY general standards in the Ankara Agreement and Protocol andPRAKASHSHAH in the Decisions of the Association Council whfch are then fedback in individual applications and cases litigated at domesticand ECJ leveis. Member States have often intervened in caseseven when they are not a litigant party to ECJ proceedings.Generaliy, whenever they have intervened, alI Member States,except for Siovakia (see Prochzka n.d.), have taken a positionadvocatinga restrictive interpretationof their Ankara Agreementand Protocol obligations. EU Member States together draftimpor-tant legislation and rules of practice on immigration whichare applied to third country nationals. But, as wilI be seen here,the rules in common EU legislation have both come into confiictwith the principles of the Ankara Agreement and Protocol.Figure ı : Legal pluralism in the securing of legal status ofindividual Turkish citizens under the Ankara Agreement andProtocol regimeJUI