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

VATANDAŞ LIK, GÖÇ, MÜLTEC İ VE YABANCILAR HUKUKUNDAKi GÜNCEL GEL İŞMELERThe Turkish government has, meanwhile, not taken part in ARTICLFBYlitigation before the ECJ, although it has been a key player in PRAXASHSHAHmany other resects, not least asa party to the Ankara Agreementand Protocol, asa drafter of the Association Council's Decisions,and as an interlocutor in continuous negotiations with the EU'sinstitutions and Member States in different fora. Members ofthe public in Turkey and the diaspora in the EU, which includesbusiness associatians, have been vaciferous in trying topersuade the Turkish government, EU institutions and individualMember States to live up to their obligations under the AnkaraAgreement and Protocol. Turkey's position during the CoId Warmade it a key aliy of major European states as weli as the UnitedStates, chiefly through Turkey's membership of NATO, and thisis something which has alsa influenced and set the context forthe EU's approach ta Turkey. As the foliowing section showsthat relationship was, indeed, instrumental in the engagement ofthe (then) EEC with Turkey and in the contracting of the AnkaraAgreement. it remains ta be seen how and ta what extent theolder basis of relations between Turkey and the EU continues tobe the axis upon which further engagement an economic andmigration matters takes place and haw this wili continue ta playout in legal processes.The Ankara Agreement and Protocol in contextAt the time of the signing of the Ankara Agreement in 1963,nabody realised the impact it wouid have on the migration andresidence rights of Turkish citizens in what is now the EurapeanUnion (EU). Contracted withthe backgraund of afailed applicationfar Turkey's membership in 1959 the Agreement neverthelesslooked forward ta the eventual accession of Turkey asa memberstate of the then Eurapean Econamic Community (EEC)) It alsaThe 401 recital ta the preamble refers ta: 'RECOGNIZING that the suppartgiyen öy the Eurapean Ecanamic Comrnunity ta the eftorts of the Turkishpeople ta imprave their standard af living wilI facilitate the accessian ofTurkey ta the Community ata later date'. Article 28 states: 'As saon as theoperatian of this Agreement has advanced far enough ta justify envisaging303