Political Reluctance and Judicial Activism in the Area of Free Movement of Persons: The Court as the Motor of EU–Turkey Relations?

Progress in the EU–Turkey accession negotiations has been slow in recent years, with the free movement of persons constituting one of the most controversial issues. The political reluctance and public opposition towards opening up free movement rights to Turkish nationals have led to a deadlock in this area since the early 1980s. In the face of a reluctant legislator, the Court has taken an activist stance. In a number of recent cases, it has interpreted the rights of Turkish migrants extensively, allowing for a transformation of status from family member/student to worker and applying the standstill clauses to conditions of admission. This article explores the role of the Court in pushing forward the free movement agenda. It discusses the implications of the Court's rulings for the free movement of persons between the EU and Turkey, and for the division of tasks between the Court and the legislator.