Portability of social benefits and reverse discrimination of EU citizens versus Turkish nationals

A.P. van der Mei; K. Eisele

Portability of social benefits and reverse discrimination of EU citizens versus Turkish nationals

Research output: Contribution to journal › Article › Academic › peer-review

Abstract

Akdas demonstrates that Turkish nationals may enjoy a right to export 'special non-contributory benefits' that EU citizens do not enjoy. One is thus faced with a situation of reverse discrimination. This conclusion may be politically controversial but, as the ruling indicates, neither the non-discrimination clause contained in art.9 of the 1963 EEC-Turkey Association Agreement nor art.59 of the Additional Protocol of 1970 precludes this comparatively disadvantageous treatment of EU citizens. The message of the Court is plain: if the outcome of Akdas is deemed undesirable, it is up to the EEC-Turkey Association Council to repair the legal situation.

Original language	English
Pages (from-to)	204-213
Journal	European Law Review
Volume	37
Issue number	2
Publication status	Published - 1 Jan 2012

Cite this

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title = "Portability of social benefits and reverse discrimination of EU citizens versus Turkish nationals",

abstract = "Akdas demonstrates that Turkish nationals may enjoy a right to export 'special non-contributory benefits' that EU citizens do not enjoy. One is thus faced with a situation of reverse discrimination. This conclusion may be politically controversial but, as the ruling indicates, neither the non-discrimination clause contained in art.9 of the 1963 EEC-Turkey Association Agreement nor art.59 of the Additional Protocol of 1970 precludes this comparatively disadvantageous treatment of EU citizens. The message of the Court is plain: if the outcome of Akdas is deemed undesirable, it is up to the EEC-Turkey Association Council to repair the legal situation.",

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N2 - Akdas demonstrates that Turkish nationals may enjoy a right to export 'special non-contributory benefits' that EU citizens do not enjoy. One is thus faced with a situation of reverse discrimination. This conclusion may be politically controversial but, as the ruling indicates, neither the non-discrimination clause contained in art.9 of the 1963 EEC-Turkey Association Agreement nor art.59 of the Additional Protocol of 1970 precludes this comparatively disadvantageous treatment of EU citizens. The message of the Court is plain: if the outcome of Akdas is deemed undesirable, it is up to the EEC-Turkey Association Council to repair the legal situation.

AB - Akdas demonstrates that Turkish nationals may enjoy a right to export 'special non-contributory benefits' that EU citizens do not enjoy. One is thus faced with a situation of reverse discrimination. This conclusion may be politically controversial but, as the ruling indicates, neither the non-discrimination clause contained in art.9 of the 1963 EEC-Turkey Association Agreement nor art.59 of the Additional Protocol of 1970 precludes this comparatively disadvantageous treatment of EU citizens. The message of the Court is plain: if the outcome of Akdas is deemed undesirable, it is up to the EEC-Turkey Association Council to repair the legal situation.

M3 - Article

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VL - 37

SP - 204

EP - 213

JO - European Law Review

JF - European Law Review

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ER -

Portability of social benefits and reverse discrimination of EU citizens versus Turkish nationals

Abstract

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