Russian Abstract: В работе рассматриваются вопросы реформирования российской налоговой системы в направлении ее экологизации и преобразования российских налогов на топливо и транспорт в действенные инструменты экологической политики. Особое внимание уделено не только практическим, но и теоретическим аспектам экологического налогообложения. Представлены пути перспективных изменений действующего порядка налогообложения с учетом масштабов возможных мер. Они направлены на то, чтобы раскрыть регулирующий потенциал налоговой системы РФ и повысить тем самым ее роль в достижении целей защиты окружающей среды и сохранения здоровья населения.English Abstract: The working paper concerns the problems of reformation of the Russian tax system towards its ecologization and transformation of the Russian fuel and transport taxes into effective instruments of environmental policy. Special attention is given not only to practical but theoretical aspects of environmental taxation. There are promising ways of change of the existing procedure for tax payments and the scope of possible measures is also considered. The aim of these ways is to unleash regulative potential of the Russian tax system and thereby raise its role in achieving the goal of environmental protection and saving population's health.
{"title":"Перспективы Экологизации Российской Налоговой Системы (Perspectives of Ecologization of the Russian Tax System)","authors":"V. Gromov, Tatiana Malinina","doi":"10.2139/ssrn.2531279","DOIUrl":"https://doi.org/10.2139/ssrn.2531279","url":null,"abstract":"Russian Abstract: В работе рассматриваются вопросы реформирования российской налоговой системы в направлении ее экологизации и преобразования российских налогов на топливо и транспорт в действенные инструменты экологической политики. Особое внимание уделено не только практическим, но и теоретическим аспектам экологического налогообложения. Представлены пути перспективных изменений действующего порядка налогообложения с учетом масштабов возможных мер. Они направлены на то, чтобы раскрыть регулирующий потенциал налоговой системы РФ и повысить тем самым ее роль в достижении целей защиты окружающей среды и сохранения здоровья населения.English Abstract: The working paper concerns the problems of reformation of the Russian tax system towards its ecologization and transformation of the Russian fuel and transport taxes into effective instruments of environmental policy. Special attention is given not only to practical but theoretical aspects of environmental taxation. There are promising ways of change of the existing procedure for tax payments and the scope of possible measures is also considered. The aim of these ways is to unleash regulative potential of the Russian tax system and thereby raise its role in achieving the goal of environmental protection and saving population's health.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134262711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For years, the predicament of many of the European protected habitats and species in the Flemish Region, as in many other Member States, passed relatively unnoticed. The lack of proper rules and clear implementation rules fuelled the impression amongst project developers and planning authorities that the impacts of project developments on biodiversity did not really warrant closer assessment. However, in the past ten years, strict national case law has significantly altered this view. Faced with tighter judicial scrutiny, the Habitats and Birds Directives were seen as an important obstacle to project development. Hence mitigation and compensation have now come up as novel approaches to better align spatial aspirations with the conservation of nature. In reality, mitigation was often used as a cover-up for projects that would not fit the strict requirements enshrined in the derogatory clauses. Interestingly, the Belgian Council of State showed itself quite cautious in reasserting the lax view of some planning authorities on mitigation and compensation. In reviewing the legality of several new approaches to mitigation and compensation, the Belgian Council of State, which was initially very cautious in quashing decisions that would actually jeopardise major infrastructure developments, has rendered some compelling rulings on the specific application of mitigation and compensatory measures in a spatial planning context. By letting the objectives of EU nature conservation law prevail in the face of economic interests, the recent case law of the Belgian Council of State can be seen as a remarkable example of judicial environmental activism.
{"title":"Mitigation and Compensation Under EU Nature Conservation Law in the Flemish Region: Beyond the Deadlock for Development Projects?","authors":"Hendrik Schoukens, A. Cliquet","doi":"10.18352/ULR.278","DOIUrl":"https://doi.org/10.18352/ULR.278","url":null,"abstract":"For years, the predicament of many of the European protected habitats and species in the Flemish Region, as in many other Member States, passed relatively unnoticed. The lack of proper rules and clear implementation rules fuelled the impression amongst project developers and planning authorities that the impacts of project developments on biodiversity did not really warrant closer assessment. However, in the past ten years, strict national case law has significantly altered this view. Faced with tighter judicial scrutiny, the Habitats and Birds Directives were seen as an important obstacle to project development. Hence mitigation and compensation have now come up as novel approaches to better align spatial aspirations with the conservation of nature. In reality, mitigation was often used as a cover-up for projects that would not fit the strict requirements enshrined in the derogatory clauses. Interestingly, the Belgian Council of State showed itself quite cautious in reasserting the lax view of some planning authorities on mitigation and compensation. In reviewing the legality of several new approaches to mitigation and compensation, the Belgian Council of State, which was initially very cautious in quashing decisions that would actually jeopardise major infrastructure developments, has rendered some compelling rulings on the specific application of mitigation and compensatory measures in a spatial planning context. By letting the objectives of EU nature conservation law prevail in the face of economic interests, the recent case law of the Belgian Council of State can be seen as a remarkable example of judicial environmental activism.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115572764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In recent years, several countries have moved to a more federal state structure. In particular in Europe, regional decision-making is on the rise. In order to evaluate these dynamics, this paper looks into the cases of Belgium and Switzerland. Both countries share a large number of characteristics, but have witnessed moves in opposite directions regarding the decentralization of decision-making powers. Whereas Belgium has increasingly hollowed out its central decision-making, Switzerland’s regional powers have transferred more competences to the central level. This paper argues that these differing dynamics are the result of socio-economic variables. In particular, the decision to (de)centralize is the result of a trade-off between heterogeneity of preferences, and economics of scale. The former has been increasing in Belgium, resulting in more decentralization, while the latter has pushed the Swiss cantons to centralize more competences.
{"title":"The Dynamics of Federalism: Belgium and Switzerland Compared","authors":"J. Wouters, Sven Van Kerckhoven, M. Vidal","doi":"10.2139/ssrn.2431193","DOIUrl":"https://doi.org/10.2139/ssrn.2431193","url":null,"abstract":"In recent years, several countries have moved to a more federal state structure. In particular in Europe, regional decision-making is on the rise. In order to evaluate these dynamics, this paper looks into the cases of Belgium and Switzerland. Both countries share a large number of characteristics, but have witnessed moves in opposite directions regarding the decentralization of decision-making powers. Whereas Belgium has increasingly hollowed out its central decision-making, Switzerland’s regional powers have transferred more competences to the central level. This paper argues that these differing dynamics are the result of socio-economic variables. In particular, the decision to (de)centralize is the result of a trade-off between heterogeneity of preferences, and economics of scale. The former has been increasing in Belgium, resulting in more decentralization, while the latter has pushed the Swiss cantons to centralize more competences.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125347645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2014-04-16DOI: 10.4324/9781315796284-17
G. Campesi
In this chapter I describe the birth and evolution of immigration detention in Italy, showing how this process has responded to different logic of migration securitization. The securitization process may indeed take place following two slightly different dynamics: on the one hand, it may respond to a process of symbolic dramatization of threats, leading to a sudden fracture in the normative order with the adoption of exceptional measures; on the other hand, it may stimulate the progressive institutionalization of control measures that act below the threshold of exceptionalism in security bureaucrats’ everyday practices, without dramatic fractures in the normative order but through a slow erosion of existing legal standards. I believe that the Italian case is an interesting exemplification of the double dynamic of securitization, and in this chapter I will try to illustrate how both dynamics have been at work in the genesis of the system of immigration detention centres in Italy.
{"title":"Immigrant Detention and the Double Logic of Securitization in Italy","authors":"G. Campesi","doi":"10.4324/9781315796284-17","DOIUrl":"https://doi.org/10.4324/9781315796284-17","url":null,"abstract":"In this chapter I describe the birth and evolution of immigration detention in Italy, showing how this process has responded to different logic of migration securitization. The securitization process may indeed take place following two slightly different dynamics: on the one hand, it may respond to a process of symbolic dramatization of threats, leading to a sudden fracture in the normative order with the adoption of exceptional measures; on the other hand, it may stimulate the progressive institutionalization of control measures that act below the threshold of exceptionalism in security bureaucrats’ everyday practices, without dramatic fractures in the normative order but through a slow erosion of existing legal standards. I believe that the Italian case is an interesting exemplification of the double dynamic of securitization, and in this chapter I will try to illustrate how both dynamics have been at work in the genesis of the system of immigration detention centres in Italy.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"54 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116214213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Commission adopted new Guidelines on environmental protection and energy state aid for the period 1 July 2014-31 December 2020. The Guidelines were adopted in the form of a Communication and will apply to all notified aid measures on which the Commission will decide after 1 July 2014, even where the funding projects were notified earlier. The Communication was accompanied by a Press Release and a set of Frequently Asked Questions (FAQ). The Guidelines replace the Commission’s 2008 Guidelines on State aid for environmental protection, and now include detailed rules regarding State aid in the energy sector.
{"title":"Commission Communication on Guidelines on State Aid for Environmental Protection and Energy 2014-2020","authors":"E. Szyszczak","doi":"10.2139/SSRN.2464290","DOIUrl":"https://doi.org/10.2139/SSRN.2464290","url":null,"abstract":"The Commission adopted new Guidelines on environmental protection and energy state aid for the period 1 July 2014-31 December 2020. The Guidelines were adopted in the form of a Communication and will apply to all notified aid measures on which the Commission will decide after 1 July 2014, even where the funding projects were notified earlier. The Communication was accompanied by a Press Release and a set of Frequently Asked Questions (FAQ). The Guidelines replace the Commission’s 2008 Guidelines on State aid for environmental protection, and now include detailed rules regarding State aid in the energy sector.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"36 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129364934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Part 1, this paper provides an overview of historical, legal, political and cultural factors which have shaped, to this day, the system of industrial relations in France. Drawing on the quantitative results of an on-line survey and on the qualitative analysis of a series of interviews with a sample of HR managers in France, Part 2 and 3 analyze how employers perceive Employee Representatives when it comes to social dialogue: eight factors impacting the quality of industrial relations are summarized. Building on this, Part 4 introduces eight suggestions to improve the quality of social dialogue in France.
{"title":"Employee Representatives in France: Employers’ Perceptions and Expectations Towards Improved Industrial Relations","authors":"A. Colson, Patricia Elgoibar, Francesco Marchi","doi":"10.2139/ssrn.2433586","DOIUrl":"https://doi.org/10.2139/ssrn.2433586","url":null,"abstract":"In Part 1, this paper provides an overview of historical, legal, political and cultural factors which have shaped, to this day, the system of industrial relations in France. Drawing on the quantitative results of an on-line survey and on the qualitative analysis of a series of interviews with a sample of HR managers in France, Part 2 and 3 analyze how employers perceive Employee Representatives when it comes to social dialogue: eight factors impacting the quality of industrial relations are summarized. Building on this, Part 4 introduces eight suggestions to improve the quality of social dialogue in France.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129575489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ever since civil society organizations were formally recognized as important actors in development processes, significant effort has been put forth in order to incorporate their engagement into aid delivery practices in a consistent and systematic manner. This ongoing endeavor of the international development community should be viewed in the context of the evolution of the concept of ownership, which now comprises wider range of actors, including local communities and civil society. The issue of achieving ownership in development processes is of particular importance in contexts which are still treated as transitional and supported largely by international donor assistance. One such context is subject of this thesis. A research was carried out in order to explore to what extent and in what way the civil society organizations were involved in designing and implementing projects funded through Component I of the EU’s Instrument of Pre-accession (IPA) in Serbia in the programming period 2007-2013. The purpose of the research was to provide a stakeholder-based evaluation of the current situation in terms of the level of involvement of civil society in EU-funded projects. The first part of the research was desk-based: after laying out key aspects of the EU’s pre-accession assistance and the methodology applied, a review of available documentation pertinent to the involvement of civil society in EU’s IPA projects for the period 2007-2013 follows, with information summarized in a SWOT analysis. This analysis was then reassessed and revised in the second part of the research, in view of the findings drawn from the interviews conducted with relevant stakeholders involved in above projects. Finally, the last part of the thesis summarizes key observations and conclusions that resulted from the research and proposes recommendations for an improved planning of the pre-accession assistance in Serbia and a more effective performance of all actors concerned.
{"title":"Involvement of CSOs in Development Projects: The Case of the Projects Implemented Under IPA Component I in Serbia in the Period 2007-2013","authors":"J. Božović","doi":"10.2139/ssrn.2435248","DOIUrl":"https://doi.org/10.2139/ssrn.2435248","url":null,"abstract":"Ever since civil society organizations were formally recognized as important actors in development processes, significant effort has been put forth in order to incorporate their engagement into aid delivery practices in a consistent and systematic manner. This ongoing endeavor of the international development community should be viewed in the context of the evolution of the concept of ownership, which now comprises wider range of actors, including local communities and civil society. The issue of achieving ownership in development processes is of particular importance in contexts which are still treated as transitional and supported largely by international donor assistance. One such context is subject of this thesis. A research was carried out in order to explore to what extent and in what way the civil society organizations were involved in designing and implementing projects funded through Component I of the EU’s Instrument of Pre-accession (IPA) in Serbia in the programming period 2007-2013. The purpose of the research was to provide a stakeholder-based evaluation of the current situation in terms of the level of involvement of civil society in EU-funded projects. The first part of the research was desk-based: after laying out key aspects of the EU’s pre-accession assistance and the methodology applied, a review of available documentation pertinent to the involvement of civil society in EU’s IPA projects for the period 2007-2013 follows, with information summarized in a SWOT analysis. This analysis was then reassessed and revised in the second part of the research, in view of the findings drawn from the interviews conducted with relevant stakeholders involved in above projects. Finally, the last part of the thesis summarizes key observations and conclusions that resulted from the research and proposes recommendations for an improved planning of the pre-accession assistance in Serbia and a more effective performance of all actors concerned.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128656637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper analyses the impact of Euro Crisis Law -- the legal instruments adopted at European or international level in reaction to the Eurozone crisis -- on the legal and constitutional structures in the Czech Republic. It shows that while the Czech Republic has absented from most of the Euro Crisis Law, it has nevertheless chosen or discussed very similar measures to stabilise its public finances. There are structural and political reasons for the reluctance to commit to the ESM, the Fiscal Compact, or the Banking Union. On the structural level, the Czech Republic was forced to stabilise its banking sector following the banking crisis in the late 1990s in consequence of politics of transition to free market economy after the 1989. Also, the public debt, though on the rise, has been one of the lowest in the EU. On the political level, the opposition to the Euro Crisis Law was lead by part of the elite with different political-economic ideology, for whom further integration in Europe takes vital tools from the Member States to deal with this sort of crises. The leading voice was President Vaclav Klaus and his supporters within the centre-right Civic Democratic Party. Although, his mandate ended, his views are carried out further by the Czech Central Bank's board, whose majority consists of his appointees.
{"title":"Constitutional Change Through Euro Crisis Law: 'Czech Republic'","authors":"Tomáš Dumbrovský","doi":"10.2139/ssrn.2618814","DOIUrl":"https://doi.org/10.2139/ssrn.2618814","url":null,"abstract":"The paper analyses the impact of Euro Crisis Law -- the legal instruments adopted at European or international level in reaction to the Eurozone crisis -- on the legal and constitutional structures in the Czech Republic. It shows that while the Czech Republic has absented from most of the Euro Crisis Law, it has nevertheless chosen or discussed very similar measures to stabilise its public finances. There are structural and political reasons for the reluctance to commit to the ESM, the Fiscal Compact, or the Banking Union. On the structural level, the Czech Republic was forced to stabilise its banking sector following the banking crisis in the late 1990s in consequence of politics of transition to free market economy after the 1989. Also, the public debt, though on the rise, has been one of the lowest in the EU. On the political level, the opposition to the Euro Crisis Law was lead by part of the elite with different political-economic ideology, for whom further integration in Europe takes vital tools from the Member States to deal with this sort of crises. The leading voice was President Vaclav Klaus and his supporters within the centre-right Civic Democratic Party. Although, his mandate ended, his views are carried out further by the Czech Central Bank's board, whose majority consists of his appointees.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127449021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the most lamented aspects of employment relations is attention to employment tribunal procedure. And yet, to this neglected area the Coalition Government has brought in a host of reforms ostensibly to address an economic imperative. This comment considers the employment law reforms contained in the Enterprise and Regulatory Reform Act 2013 as well as The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. This legislative overhaul of employment relations is tied to efforts to improve the country’s economic future. The package of reforms aims in particular to ease the regulatory burden on small to medium-sized businesses. In so doing, there is a noticeable shift resulting in a more aggressive and singular view of employment litigation: workers have been cast in a nefarious role while employers (principally small to medium-sized businesses) are viewed as victims. At their essence, these reforms may well assist employers (though small to medium-sized businesses may not notice a change), but the Act and Regulations present a serious issue regarding access to redress for the infringement of rights in employment law.
{"title":"The United Kingdom's Plan to Reduce Employment Conflict","authors":"D. Mangan","doi":"10.2139/SSRN.2400675","DOIUrl":"https://doi.org/10.2139/SSRN.2400675","url":null,"abstract":"One of the most lamented aspects of employment relations is attention to employment tribunal procedure. And yet, to this neglected area the Coalition Government has brought in a host of reforms ostensibly to address an economic imperative. This comment considers the employment law reforms contained in the Enterprise and Regulatory Reform Act 2013 as well as The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. This legislative overhaul of employment relations is tied to efforts to improve the country’s economic future. The package of reforms aims in particular to ease the regulatory burden on small to medium-sized businesses. In so doing, there is a noticeable shift resulting in a more aggressive and singular view of employment litigation: workers have been cast in a nefarious role while employers (principally small to medium-sized businesses) are viewed as victims. At their essence, these reforms may well assist employers (though small to medium-sized businesses may not notice a change), but the Act and Regulations present a serious issue regarding access to redress for the infringement of rights in employment law.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134033112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article is concerned with the evolving free movement rights of Turkish nationals in the European Union (‘EU’). The right to move freely represents one of the fundamental freedoms of the internal market, as well as an essential political element of the package of rights linked to the very status of citizenship of the EU. Given the fact that the holding of the nationality of a Member State is the condition sine qua non for acquiring citizenship of the EU, Turkish nationals are clearly not yet citizens of the EU; at best, they can be described as “EU citizens in being.” While the rights granted to Turkish nationals by the EU, are amongst the most extensive granted to third country nationals (‘TCNs’), the outer limits of their freedom of movement rights are firmly rooted in the specific free movement provisions in EU-Turkey Association Law. This naturally gives rise to several inter-related questions: how far should the free movement rights granted to EU nationals be extended to Turkish nationals, as citizens of an accession state? How do the freedom of movement rights of Turkish nationals compare with EU nationals? The freedom of movement rights for Turkish nationals, within the context of Turkey-EU relations, has been an important issue for Turkish citizens ever since 1980 when strict visa requirements were introduced. This problem confronts all strata of Turkish society, including the business community, the academic world, students, journalists, and almost 3 million family members of Turkish nationals living in the EU. This paper shows that the free movement rights of Turkish nationals under EU-Turkey Association law is independent of the political talks surrounding the re-admission agreement and “visa dialogue,” which are aimed at gradually permitting free movement in the EU for Turkish nationals. This paper shows that under the text of the AA, and as confirmed by ECJ case law, Turks have substantial free movement rights within the EU arising from EU-Turkey Association Law and these new agreements and requirements are evidence that the political consideration of the EU block continue to trump the legal considerations.
{"title":"Freedom of Movement Rights of Turkish Nationals in the European Union","authors":"Orhun Hakan Yalincak","doi":"10.2139/SSRN.2101319","DOIUrl":"https://doi.org/10.2139/SSRN.2101319","url":null,"abstract":"This article is concerned with the evolving free movement rights of Turkish nationals in the European Union (‘EU’). The right to move freely represents one of the fundamental freedoms of the internal market, as well as an essential political element of the package of rights linked to the very status of citizenship of the EU. Given the fact that the holding of the nationality of a Member State is the condition sine qua non for acquiring citizenship of the EU, Turkish nationals are clearly not yet citizens of the EU; at best, they can be described as “EU citizens in being.” While the rights granted to Turkish nationals by the EU, are amongst the most extensive granted to third country nationals (‘TCNs’), the outer limits of their freedom of movement rights are firmly rooted in the specific free movement provisions in EU-Turkey Association Law. This naturally gives rise to several inter-related questions: how far should the free movement rights granted to EU nationals be extended to Turkish nationals, as citizens of an accession state? How do the freedom of movement rights of Turkish nationals compare with EU nationals? The freedom of movement rights for Turkish nationals, within the context of Turkey-EU relations, has been an important issue for Turkish citizens ever since 1980 when strict visa requirements were introduced. This problem confronts all strata of Turkish society, including the business community, the academic world, students, journalists, and almost 3 million family members of Turkish nationals living in the EU. This paper shows that the free movement rights of Turkish nationals under EU-Turkey Association law is independent of the political talks surrounding the re-admission agreement and “visa dialogue,” which are aimed at gradually permitting free movement in the EU for Turkish nationals. This paper shows that under the text of the AA, and as confirmed by ECJ case law, Turks have substantial free movement rights within the EU arising from EU-Turkey Association Law and these new agreements and requirements are evidence that the political consideration of the EU block continue to trump the legal considerations.","PeriodicalId":121229,"journal":{"name":"European Public Law: National eJournal","volume":"95 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133084168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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