Are EU's visa rules for Turks legal?

30/06/2009

In an April decision, the European Court of Justice told EU member states that visa restrictions breach a 1963 agreement.

By Ayhan Simsek for Southeast European Times -- 30/06/09

The ECJ's decision constitutes a "reference decision" for other EU member states. [ECJ]

Turks have long been frustrated by the tiring and complex visa procedures needed to travel to EU member states. The European Commission (EC) has so far been unwilling to liberalise the visa regime, due to Turkey's large size and the concern among some member states about the risk of mass immigration.

A recent ruling by the EU's highest judicial body, however, has called this policy into question.

In a landmark judgment last April, the European Court of Justice told Germany to remove visa requirements for Turkish nationals who are providing services within Germany that were initiated in Turkey. The ruling stemmed from a case filed by a Turkish lorry driver, who sued Germany after his visa request was denied.

Citing Turkey's 1963 Association Agreement with the European Economic Community (EEC) and the Additional Protocol of 1970, the court said its ruling constitutes a "reference decision" for other EU member states.

The 1963 agreement and the following protocol foresaw the gradual integration of Turkey into the EEC, with a mutual lifting of restrictions on the freedom of moving services and goods. The Additional Protocol in 1970 said the parties could not introduce any "new restriction" to the freedom of services.

Germany did not require visas from Turks in 1973, when the protocol was in force, therefore it is not legal today for Germany to ask for visas from Turkish professionals, the court ruled.

The judgment also applies to other EU members that did not require visas from Turks in 1973 -- France, Belgium, the Netherlands, Italy, Spain, Portugal, the UK and Denmark. The ruling raised hopes in Turkey, especially among businesspeople and students, who have long faced visa problems in traveling to EU countries.

So far, however, Germany is interpreting the ECJ ruling in a way that brings only limited changes to its policy. The country says only internationally prominent artists, academics with extraordinary qualifications and Turkish lorry drivers and technicians who have to visit Germany for technical assistance qualify for visa-free travel.

"I would like to use my very basic rights with only my passport, [issued by a] country on the road to EU membership," wrote Ozgur, a computer engineering student, on a website petition that calls for a change to the visa rule.

Regardless of the ECJ judgment, observers say, the only way to resolve the issue is for the EC to initialise negotiations with Turkey on a new framework -- one which would make it easier for Turkish businesspeople, professionals and students to travel to the EU.