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Political Reluctance and Judicial Activism in the Area of Free Movement of Persons: The C ourt as the Motor of EU – T urkey Relations?
Author(s) -
Wiesbrock Anja
Publication year - 2013
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12031
Subject(s) - legislator , negotiation , grassroots , free movement , politics , political science , accession , opposition (politics) , law , deadlock , political economy , sociology , business , international trade , european union , legislation , distributed computing , computer science
Progress in the EU – T urkey accession negotiations has been slow in recent years, with the free movement of persons constituting one of the most controversial issues. The political reluctance and public opposition towards opening up free movement rights to T urkish nationals have led to a deadlock in this area since the early 1980s. In the face of a reluctant legislator, the C ourt has taken an activist stance. In a number of recent cases, it has interpreted the rights of T urkish migrants extensively, allowing for a transformation of status from family member/student to worker and applying the standstill clauses to conditions of admission. This article explores the role of the C ourt in pushing forward the free movement agenda. It discusses the implications of the C ourt's rulings for the free movement of persons between the EU and T urkey, and for the division of tasks between the C ourt and the legislator.