Vive la Clause de Standstill: The Issue of First Admission of Turkish Nationals into the Territory of a Member State within the Context of Economic Freedoms

Abstract

The article scrutinises the issue of first admission of Turkish nationals into the territory of a Member State within the context of freedom of establishment, freedom to provide services and freedom of movement for workers under association law. The article emphasises the prospective potential rights of Turkish nationals to arise from the standstill clause and the principle of non-discrimination, in addition to their present accumulated rights under case law. Moreover, negative legal consequences of the relevant case law for the European integration are expressed, and solutions are offered to circumvent them for the sake of the coherence of EU law.