The updated third edition “Visa Policy Towards Turkish Nationals of Member States and the EU after Soysal”  is prepared by two distinguished scholars in the area of European Immigration Law, Prof. Dr. Kees Groenendijk from Radbound University Immigration Law Center and Prof. Dr. Elspeth Guild.

This report presents a comprehensive analysis of the ruling of EU Court of Justice in February 2009 regarding the Soysal case and its implications/impacts on the domestic law of Member States as well as the implementation of this Decision by Member States.  The two authors point out that the visa obligation applied by Member States within the framework of the provision of services is in breach of the EU Association Law.  This publication also tackles the latest developments occurring in Member States, European Union institutions and Turkey regarding the visa procedures applied to Turkish citizens following the entry into force of the Visa Code in April 2010.

This report also includes five striking samples of complaints received during “The Visa Hotline Project” carried out by IKV between January 2010 and June 2011. This project was supported by the Union of Chambers and Commodity Exchanges of Turkey (TOBB) and Brussels-based European Citizen Action Service (ECAS). These examples of complaints were enclosed in the publication to draw the attention of the readers on the gravity of the situation.

The possible outcomes and implication of the decision related to Demirkan case pending before the EU Court of Justice regarding the freedom of circulation of Turkish citizens as tourists and students wishing to enter the European Union without visa are analyzed within this updated third edition. In this regard, the decision taken by the Dutch State Council in March 2012 allowing Turkish citizens to enter the Netherlands without requiring visa as a service provider in Turkish companies.

This publication was brought to the attention of Turkish public thanks to the translation made by Margerite Turhan from the Yeditepe University Faculty Law.

Publication number: 257