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

AICTL$ELIE ENTWICKLUNGEN 1M STMTSANGEHÖRIGKEITS -, AUSLANDER- UND FLÜCHTLINGSRECKTARr ıcLE BY vis migrants from third countries. it was noted that the £0 hadPRAKASUSHAH stepped in, through its receiving applications for preliminaryrulings from individual Turkish citizen applicants from someEU Member States, after lack of progress on freer movementthrough the other Ankara Agreement mechanisms and thegeneral lack of enthusiasm on the part of the EU's MemberStates to make progress on Turkish citizens' rights. it is possiblethat the E0 has taken on the role of protectingTurkish citizens inthe Member States asa way of smoothening the process of theirlegal integration. in so doing, its judges may also have in mindthe longer term goal of accession of Turkey, which successiveTurkish govemments have pushed for, but not yet achieved.White the political organs have sufFered from a kind of 'sclerosis'on these issues, the E0 has been devising a quieter legal routeeasing the integration of Turkish citizens. Bearing in mind theECJ's undoubted activism in this area, a fuller analysis should alsobuild in the larger and complex legaliy plural field which framesthe outcomes in terms of legal status forTurkish citizen migrants.It is evident that the ECJ has ruled in a robust manner and, in sodoing, has taken on board the range of express representationsmade to it by litigants and interested parties, as weli as more'silent' concerns, filling in gaps in legal protection for Turkishcitizens in the EU. The imal outcomes, however, depend on anumber of other variables, notably on the ways in which MemberStates 'receive' and impiement the ECJ's efforts in norm setting.ReferencesArnaud, A. (1995): 'Legal pluraiism and the buliding of Europe'. in: H.Petersen and H. Zahle (eds.): Legal polycentricity: Consequencesof pluralism in low. Aldershot: Dartmouth, pp. 149-169.Böcker, A. and E. Guild (2002): Implementation of the Europeagreements in France, Germany, the Netherlands, and the UK:Movement of persons. London: Platinium.Castles, 5., H. Booth and T. Wallace (1984): Here for good: WesternEurope's ethnic minorities. London: Pluto.Castles, S. and G. Kosack (1973): lmmigrant workers and classstructure in Western Europe. London et al: Oxford UniversityPress.324