Magazine article European Social Policy

Immigration : Ecj: Member States Cannot Introduce New Admission Restrictions

Magazine article European Social Policy

Immigration : Ecj: Member States Cannot Introduce New Admission Restrictions

Article excerpt

The EU Court of Justice decided, on 20 September, that British legislation on immigration (Immigration Rules 1994) violates Community rules because it introduces "new restrictions on the exercise of freedom of establishment" for Turkish nationals intending to "establish themselves in business on their own account" in the UK (Tum and Dari judgement, C-16/05).

This case, which falls under established case law, settles a new point: the interpretation of the standstill' clause (suspension of legislation in force) in the case of a first admission' of a Turk into the territory of a member state as a self-employed worker.

Veli Tum and Mehmet Dari arrived in the UK - via Germany for one, and France for the other - and requested asylum. When the request was refused, their deportation was ordered, but this measure was never carried out. The parties concerned therefore remained on British territory, with a temporary admission', which is not equivalent to formal access authorisation and is accompanied with a work ban. They then asked for an entry visa as self-employed professionals, in accordance with the agreement of the EEA-Turkey association (more precisely with Article 41.1 of the additional protocol of 23 November 1970). Their request was refused once more.

The Court reiterated that according to earlier case law (the Savas judgement from 11 May 2000 and the Abatay judgement from 21 October 2003), this clause of the protocol - which governs freedom of establishment and provision of services - "lays down, clearly, precisely and unconditionally, an unequivocal standstill' clause". …

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