Demirkan Decision of the European Court of Justice and Turkish Citizens's Right of Receive Service in the EU Member Countries

Tezcan E.

BILIG, no.78, pp.37-71, 2016 (Journal Indexed in SSCI) identifier identifier

  • Publication Type: Article / Article
  • Publication Date: 2016
  • Title of Journal : BILIG
  • Page Numbers: pp.37-71


The entry, work and residence rights, as well as the freedom to provide services and the right to benefit from the services offered to the Turkish citizens in the European Union member states are the issues that have been discussed in recent years. In cases concerning the entry, residence, work, and freedom to receive services in the European Union member states, the Court of Justice has adopted an ever more liberal approach in case law for Turkish citizens. There was also an expectation regarding the right to receive services. However, the Court of Justice in its decision Demirkan on 24 September 2013 has not adopted a similar approach regarding the right to receive services and has decided that the Turkish citizens who receive services in the EU member states will be required to obtain visas. Although the decision Demirkan is clear about the topic, in the text of the decision and in the Opinion of Advocate General, there are some controversial issues.