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

VATANDAŞLIK, GÖÇ, MÜLTECIYE YABANCILAR HUKUKUNDAK İ GÜNCEL GEL İŞMELERProtocol was that it looked to a deepening of EEC-Turkey ART İUfBYrelations towards a customs union and, importantiy, contained PRAJSHSHAHa standstill provision in Article 41(1) which obliges ContractingParties to 'refrain from introducing between themselves any newrestrictions on the freedom of establishment and the freedomta provide servrces'. This provision was, as we wili see, littienoticed or litigated upon until the late 19905. But the prospect ofrecruitment stops in Westem Europe also loomed on the horizon.By 1973-1974 there was a reversion to the notion that they werenot countries of immigration and the discretion built into theimmigration laws meant that the residence status of foreignworkers was potentiatly quite insecure. 4 Meanwhile, contrary tothe dominant narrative of guest worker status, Turkish citizenswere actuatly 'probationary immigrants' (Martin et al 2006: 73)who had started a de facto settled population, in amongst othernon-European citizens, and who switched Iargety ta famity basedimmigration.Meanwhite, there was some movement in the AssociationCouncit (established under the Ankara Agreement) which passedthree key Decisions 2/76 and 1/8o (on access to employmentfor workers and their families) and 3/80 (on social security) inwhich certain commitments regarding the rights of lawfullypresent Turkish citizens were etaborated. Articie 6(1) of Decision118o in particular states that a Turkish worker duly registered asbelonging to the tabour force of a Member State would enjoya staggered increase of rights as foliows: after one year's legalemployment he could renew his permit for the same emptoyer;afterthreeyears hecould respondto anotherofferofemploymentin the same occupation; and after four years he could enjoy freeaccess to emptoyment of his choice. This timited, but eventuatiyquite important, activity in the Association Councit froze afterthe military regime took power in Turkey in 1980. AtthoughSee for details Çiçekli (1998:104 et seq on Gern ıany and 128 et seq on TheNetherlands).Initialiy the Community adopted a waiting position but then suspendedthe implementation of the association from the autumn of 1981 onwards(Lenski 206: 286).