Stand still-obligations included int he Turkey-EEC Association Agreement prohibit Member States to intorduce new rules which in their effect restrict individual rights. Thus they contribute towards the gradual realisation of the right to free movement accorded to Turkish nationals by that Agreement. The contribution's aim is to establish whether and if so to what extent Dutch immigration law and policy are stand still-proof. The overall finding is that the Dutch legislator has taken an ad hoc approach; immigration law and policy is amended only after a finding by a Dutch court or the CJ EU that it is incompatible with the obligation imposed on the Netherlands by the Turkey-EEC Agreement. Ensuring compliance with the stand still-provision is thus put the individual in the driving seat and has left us with a messy legal framework.
|Translated title of the contribution||Is Dutch migration law and policy stand still-proof?|
|Number of pages||12|
|Journal||Asiel & migrantenrecht|
|Publication status||Published - 4 Jul 2014|
- Turkey Association Agreement
- stand still-clause
- Dutch immigration law and policy