Abstract:

In the beginning of 1960s, Turkey and the European Union (EU) established an association which entails the objective of free movement of goods via a Customs Union and the possibility of attaining free movement of services between each other. When the Customs Union between Turkey and the EU had been achieved on the basis of this association, road transport from Turkey to the EU has raised its importance in trade in goods day by day and problems related to this matter has started to rise in practice. Main problems can be pointed as work permits and entry visas in relation to the drivers who make road transport and transit permits and transport quotas in relation to vehicles used in road transport. Hence, to what extent can association law offer solution regarding these kinds of problems? This article examines the rulings of the Court of Justice of the European Union (CJEU), especially Abatay and Sahin judgement (C-317/01 and C-369/01) related to work permits, Sosyal and Savatli judgement (C-228/06) related to visas, İstanbul Lojistik judgement (C-65/16) related to transit permits and CX judgement (C‑629/16) related to transport quotas. The article shows that when the disputed matter relates to goods –as in transit permits–, especially the prohibition on customs duty and charges having equivalent effect (Article 4 of 1/95 Association Council Decision) or prohibition on quantitative restrictions and measures having equivalent effect (Article 5-7 of 1/95 Association Council Decision) become relevant, and, that when the disputed matter relates to services –as in work permits, visas or transport quotas–, especially the prohibition on introducing new restrictions (Article 41(1) of Additional Protocol) becomes relevant. These offer solutions, albeit to some extent, to the main problems of road transport. Nonetheless, a comprehensive solution seems only possible via a deal –for instance as a part of upgrading of Customs Union process– between the parties.

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