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

ARTIJELLE ENTWICKLUNGEN 1M STMTSANGE İIÖRIGKEITS -, AUSLANDER- UND f ıÜcHruNosREcHr4T1CIi8Y Iegislation. 40 This judgment wili have impiications not oniy forPR4YSHSHAH those doing business in Germany but also in the UK, and couldextend to the receipt as weil as the provision of services andestabhshment, and so could inciude students, visiting academics,and even tourists from Turkey going to some EU countries. Thejudgment has led to questions being asked in the EuropeanParliament abo ııt the tenability of the visa requirement in someMember States, as weli as some discussions within the EU-TurkeyJoint Parhamentary Committee, and much comment amongbusiness organisations, academics and journalists in Turkey.41Current information indicates that the Gerrnan a ııthorities haverestrictively interpreted the Soysal judgment and extendedmigration facilities to a limited range of service providers whostili have to apply for a 'visa exemption document' indicatingtheir status prior to departure from Turkey.4'Meanwhile, on 7 September 2009, the UKSA announcedthe introduction of a visa route for Turkish nationais applyingto establish in business under the Protocol. This is meant toenable Turkish nationais who are outside the UK to apply forentry clearance to enter the country in the business category.Previousiy, this category was open oniy to Turkish nationais whowere already in the UK. The UKSA website states that this visaroute 'has been introduced in response to the findings of theEuropean Court of Justice in the case of Tum Bt Oan (C-16/o5)'.A giance at the changed IDIs, chapter 6, section 6, providing° Council Regulation (EC) 539/2001 of 15 March 2001 listing the third countrieswhose nationals must be in possession of visas when crossing the externalborders and those whose nationals are exempt from that requirenıent (OJ2001 L 81, p. 000 ı ).41Written Questions by Cem Özdemir (Verts/ALE) and Joost Lagendijk (Verts/ALE) ta the Commission, both on 3 April 2009. See also 'EU Shou!d NotRequire Visa From Turkish Patients, Businessmen, Tourists and ExchangeStudents', Turkfsh Weekly, 29 March 2009, http://www.turkishweekly.net/news/69o97/eu-should.not-require-visa-fromturkishpatientsbusinessmen-tourists-and-exchange-stuclents.htm ı , accessed 27 April 2009.42For criticism that this measure does not go far enough, see interviewwith Prof. Haluk Kabaalioglu at http://www.euractiv.com/enIen la rge ment/prof essor-visas-t u rkis h-cit izens-s p irit-eu-integration/a rtic leı86844?RefRSS, accessed il November 2009.322