THE FREEDOM OF ESTABLISHMENT AND TO PROVIDE SERVICES: A COMPARISON OF THE FREEDOMS IN EUROPEAN UNION LAW AND TURKEY–EU ASSOCIATION LAW

The association law between Turkey and the Union has been a source of rights for certain Turkish nationals, thanks to the decisions of the European Court of Justice. In this respect, the recent years have witnessed the increasing importance of Article 41(1) of the Additional Protocol – the standstill provision concerning the freedom of establishment and to provide services – in the case law of the Court. One striking example is the Soysal case which paved the way for certain Turkish nationals to travel to Germany without a visa. Thus, a need has emerged to explore the exact boundaries of this article in particular, and the scope and effects of the freedoms of establishment and to provide services in association law in general. Accordingly, this paper is an effort to examine the scope and effects of the said freedoms in association law by comparing them with the same freedoms in European Union law.