Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61989J0192
Název:
Title: 		JUDGMENT OF THE COURT OF 20 SEPTEMBER 1990. S. Z. SEVINCE V STAATSSECRETARIS VAN JUSTITIE. REFERENCE FOR A PRELIMINARY RULING: RAAD VAN STATE - NETHERLANDS. EEC-TURKEY ASSOCIATION AGREEMENT - DECISIONS OF THE ASSOCIATION COUNCIL - DIRECT EFFECT. CASE C-192/89.
Publikace:
Publication:		REPORTS OF CASES 1990 PAGES I-3461
Předmět (klíčová slova):
Keywords		FREE MOVEMENT OF WORKERS;ASSOCIATION;EXTERNAL RELATIONS;
Související předpisy:
Corresponding acts:		157E177
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. THE PROVISIONS ADOPTED FOR THE IMPLEMENTATION OF AN ASSOCIATION AGREEMENT CONCLUDED BY THE COUNCIL AND A NON-MEMBER COUNTRY BY THE ASSOCIATION COUNCIL CREATED BY THAT AGREEMENT FORM AN INTEGRAL PART OF THE COMMUNITY LEGAL SYSTEM, IN THE SAME WAY AS THE AGREEMENT ITSELF, AS FROM THEIR ENTRY INTO FORCE, SO THAT THE COURT, WHICH HAS JURISDICTION, ON THE BASIS OF ARTICLE 177 OF THE TREATY, TO GIVE RULINGS ON THE AGREEMENT, WHICH WAS ADOPTED AS AN ACT OF THE INSTITUTIONS, ALSO HAS JURISDICTION TO GIVE RULINGS ON THEIR INTERPRETATION, THIS BEING CONDUCIVE TO THE UNIFORM APPLICATION OF COMMUNITY LAW.

2. LIKE THE PROVISIONS OF AGREEMENTS CONCLUDED BY THE COMMUNITY WITH NON-MEMBER COUNTRIES, PROVISIONS ADOPTED BY AN ASSOCIATION COUNCIL CREATED BY AN ASSOCIATION AGREEMENT IN ORDER TO ENSURE THE IMPLEMENTATION OF ITS PROVISIONS MUST BE REGARDED AS BEING DIRECTLY APPLICABLE WHEN, REGARD BEING HAD TO THEIR WORDING AND THEIR PURPOSE AND NATURE, AS WELL AS TO THOSE OF THE ASSOCIATION AGREEMENT, THEY CONTAIN A CLEAR AND PRECISE OBLIGATION WHICH IS NOT SUBJECT, IN ITS IMPLEMENTATION OR EFFECTS, TO THE ADOPTION OF ANY SUBSEQUENT MEASURE. THOSE CONDITIONS ARE FULFILLED BY ARTICLES 2(1)(B) AND 7 OF DECISION NO 2/76 AND THE THIRD INDENT OF ARTICLE 6(1) AND ARTICLE 13 OF DECISION NO 1/80, BOTH OF WHICH WERE ADOPTED BY THE ASSOCIATION COUNCIL CREATED BY THE EEC-TURKEY ASSOCIATION AGREEMENT IN ORDER TO ENSURE THE PROGRESSIVE IMPLEMENTATION OF THE FREEDOM OF MOVEMENT FOR WORKERS PROVIDED FOR BY PROVISIONS WHICH SET OUT A PROGRAMME, SO THAT THOSE PROVISIONS HAVE DIRECT EFFECT IN THE MEMBER STATES OF THE COMMUNITY. IN THAT R
EGARD, IT IS OF LITTLE IMPORTANCE THAT PROVISION IS MADE FOR THE POSSIBILITY OF NATIONAL IMPLEMENTING MEASURES, SINCE THE LATTER DO NOT REFLECT ANY DISCRETIONARY POWER, OR THAT SUCH DECISIONS HAVE NOT BEEN PUBLISHED, SINCE NON-PUBLICATION MAY ONLY PREVENT THEIR BEING APPLIED TO A PRIVATE INDIVIDUAL, OR THAT SAFEGUARD CLAUSES MAY BE PUT INTO EFFECT BY THE MEMBER STATES, SINCE THOSE CLAUSES ARE APPLICABLE ONLY IN SPECIFIC SITUATIONS.

3. ARTICLE 2(1)(B) OF DECISION NO 2/76 AND THE THIRD INDENT OF ARTICLE 6(1) AND ARTICLE 13 OF DECISION NO 1/80, BOTH OF WHICH WERE ADOPTED BY THE ASSOCIATION COUNCIL CREATED BY THE EEC-TURKEY ASSOCIATION AGREEMENT, GRANT A TURKISH WORKER, AFTER A SPECIFIED PERIOD OF LEGAL EMPLOYMENT IN A MEMBER STATE, ACCESS TO ANY PAID EMPLOYMENT OF HIS CHOICE. THE LEGALITY OF THE EMPLOYMENT WITHIN THE MEANING OF THOSE PROVISIONS, EVEN ASSUMING THAT IT IS NOT NECESSARILY CONDITIONAL UPON POSSESSION OF A PROPERLY ISSUED RESIDENCE PERMIT, NEVERTHELESS PRESUPPOSES A STABLE AND SECURE SITUATION AS A MEMBER OF THE LABOUR FORCE. ACCORDINGLY, THE TERM "LEGAL EMPLOYMENT" IN THOSE PROVISIONS DOES NOT COVER THE SITUATION OF A TURKISH WORKER AUTHORIZED TO ENGAGE IN EMPLOYMENT FOR SUCH TIME AS THE EFFECT OF A DECISION REFUSING HIM A RIGHT OF RESIDENCE, AGAINST WHICH HE HAS LODGED AN APPEAL WHICH HAS BEEN DISMISSED, IS SUSPENDED.

Plný text judikátu (Entire text of the Judgment):