On September 12, 1963, the Turkish European Community Association Agreement (ECAA), which is generally known as the Ankara Agreement was signed. Providing of services and the progressive elimination of restrictions on the freedom of establishment is referred to in Article 13 of the above mentioned agreement. Article 41 of the Additional Protocol, which was signed on November 23, 1970, also supports this statement by taking the process a step forward.
From the date the ECAA and Additional Protocol came into force, article 41(1) requires that Member States should abstain from introducing new restrictions on the freedom to provide services and freedom of establishment for Turkish nationals. This agreement was bounded by the United Kingdom when they decided to join the then EEC in 1973 and this provision is normally regarded as a ‘standstill clause’. The introduction of the Ankara Agreement (which was held in case C-16/05 Tum and Dari in the European Court of Justice on 20th September 2007) disallows any new limitations on the exercise of the freedom to provide services and freedom of establishment, especially those concerning the circumstances governing the first admission to an EU member state.
There is only one exception that does not allow the right to benefit from the standstill clause, which is, when an applicant is making an application which is considered to be fraudulent or of an abusive conduct. The findings of the ECJ in Tum and Dari is consistent with the aforementioned statement.
The individuals who are denied benefits from the standstill clause due to practice on fraud or abuse whilst making an entry clearance application will be evaluated under the following current rules:
An individual has certain rights under the European Community Association Agreement (ECAA), if: