Ucar (Advocate Generals opinion) [2016] EUECJ C-508/15_O (15 September 2016)

Ucar (Advocate Generals opinion) [2016] EUECJ C-508/15_O (15 September 2016)

Article 7 of Decision No 1/80 must be interpreted as conferring rights on family members of Turkish workers where the required period of registration as belonging to the labour force does not immediately follow their arrival, provided all other conditions are met; the German authorities' requirement of uninterrupted...

Source-derived case information.

Citation
[2016] EUECJ C-508/15_O
Parties
Applicant: Sidika Ucar; Applicant: Recep Kilic; Respondent: Land Berlin; Respondent: Aliens Authority for the Land Berlin; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
15 September 2016
Procedural Posture
Preliminary Ruling / Advocate General's Opinion
Outcome
Opinion suggests Article 7 of Decision No 1/80 allows acquisition of rights even if registration as belonging to the labour force does not immediately follow arrival; restrictive national interpretation is unlawful.
Legal Topics
Association Agreement EU Turkey, Right of Residence, Family Reunification, Labour Force Registration, Expulsion of Foreign Nationals
EU Law Immigration Law Administrative Law Association Agreement EU Turkey Right of Residence Family Reunification Labour Force Registration Expulsion of Foreign Nationals

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Parties

Sidika Ucar

Applicant

Recep Kilic

Applicant

Land Berlin

Respondent

Aliens Authority for the Land Berlin

Respondent

European Commission

Intervener

Procedural Posture

Preliminary Ruling / Advocate General's Opinion

Legal Issues

  1. 1 Interpretation of Article 7 of Decision No 1/80 regarding rights of family members of Turkish workers
  2. 2 Chronology of labour force registration for acquisition of rights
  3. 3 Scope of public policy exception for expulsion

Ratio Decidendi

Article 7 of Decision No 1/80 must be interpreted as conferring rights on family members of Turkish workers where the required period of registration as belonging to the labour force does not immediately follow their arrival, provided all other conditions are met; the German authorities' requirement of uninterrupted registration from arrival imposes an unlawful additional condition.

Court Disposition

Opinion suggests Article 7 of Decision No 1/80 allows acquisition of rights even if registration as belonging to the labour force does not immediately follow arrival; restrictive national interpretation is unlawful.