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

AKTIJELIL ENJWICKLUNGEN 1M STAATSANGEIIÖRIGKEITS -, AIJSIANDER- UND FLÜCHTtINGSRECHTARJ1CLE By looked to the progressive securing of the freedom of movementPRAKASH SHAH of workers and the abolition of restrictions on establishment andservice provision between the two sides, being guided in that bythe relevant provisions of the EEC Treaty.' Despite these expressaims it seems that political and security factors prevailed overeconomic interests (Lenski 2006: 285, Mayer 2008), giving anair of unreality to Turkey's aspirations for EEC membership. Therecruitment of Turkish workers had meanwhile already begunin earnest - mainiy by Germany and, to a lesser extent, by TheNetherlands - and was targeiy done on the basis that they wouldnot be settlers with rights of residence beyond their economicutility in the recruiting countries. While eagerly supported byGermany, the Ankara Agreement was not thought of as havinga serious impact on the rights of migrants, which were seen asbeing determined by bilateral recruitment agreements. 3 Britain,a later entrant to the EEC from 1973, was nota major recruiter inTurkey having relied mainiy on dispiaced Europeans and then in amajor way on Caribbean and South Asian workers (Spencer 1997,Çiçekli 1998:143-147).By the time the Additional Brusseis Protocol to the AnkaraAgreement was signed in 1970, with eftect from 1 January 1973for the then nine Member States, including Britain, recruitmentfrom Turkey was weli advanced. The importance oftheAdditional304fuli acceptance by Turkey of the obligations arising out of the Treatyestablishing the Con ımunity, the Contracting Parties shall examine thepossibility of the accession of Turkey to the Community.'Articles 12 (workers), 13 (establishment) and 14 (services) of the AssociationAgreement are the most relevant. Their wording is partiy inspired by thefree movement provisions in the EEC Treaty. Turkey had insisted that theseprovisions be included as they had been in the Association Agreement withCreece of 1961 (Mayer 2008).Germany signed its agreement with Turkey in ı g6 ı (Castles and Kosack1973: 40) and The Netherlands in 1964 (Castles et al 1984: 58). For furtherdetails of this earlier period see Çiçekli (1998:101-104 on Gemıany and 126-127 on The Netherlands). Other countries were involved in this recruitmentdrive. Austria conduded its agreernent with Turkey in 1964, Belgium in 1956(although Kaya and Kentel 2007:17 mention an 'official request' ta recruitTurkish workers in 1964), and France in 1966. 1 am grateful to Thalia Krugerand Sabrine Dawoud for information on Belgium. Kaya and Kentel (2005)provide information about Turkish settlement in France.