AB-Türkiye Geri Kabul Anlaşması v. Ortaklık Hukuku?

Türkiye ve Avrupa Birliği arasında 2013 yılında imzalanan ‘Geri Kabul Anlaşması’ kapsamında Türkiye’nin,

One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, theEU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third-country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–TurkeyAssociation Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could bevalid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into forceof the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examineswhether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey AssociationLaw or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation ofArticle 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.

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