Case C‑652/15
Furkan Tekdemir
v
Kreis Bergstraße
(Request for a preliminary rulingfrom the Verwaltungsgericht Darmstadt)
(Reference for a preliminary ruling— Association Agreement between the European Union and Turkey— Decision No1/80— Article13— ‘Standstill’ clause— Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State— Existence of an overriding reason in the public interest justifying new restrictions— Efficient management of migration flows— Requirement for nationals of third countries under 16 years old to hold a residence permit— Proportionality)
Summary— Judgment of the Court (First Chamber), 29March 2017
International agreements— EEC-Turkey Association Agreement— Freedom of movement for persons— Workers— ‘Standstill’ rule in Article13 of Decision No1/80 of the Association Council— Scope— National legislation laying down new restrictions— Requirement for nationals of third countries under 16 years old to hold a residence permit— Justification for overriding reasons in the public interest— Efficient management of migration flows— Breach of principle of proportionality— Conditions
(Decision No1/80 of the EEC-Turkey Association Council, Art.13)
Article13 of Decision No1/80 of the Association Council of 19September 1980 on the development of the Association set up by the Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12September 1963 by the Republic of Turkey, on the one hand, and by the Member States of the EEC and the Community, on the other, and concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC of 23December 1963 must be interpreted as meaning that the objective of efficient management of migration flows may constitute an overriding reason in the public interest capable of justifying a national measure, introduced after the entry into force of that decision in the Member State in question, requiring nationals of third countries under the age of 16 years old to hold a residence permit in order to enter and reside in that Member State.
Such a measure is not, however, proportionate to the objective pursued where the procedure for its implementation as regards child nationals of third countries born in the Member State in question and one of whose parents is a Turkish worker lawfully residing in that Member State, such as the applicant in the main proceedings, goes beyond what is necessary for attaining that objective.
(see operative part)