okay so we were dealing with the citizens directive we started speaking about the personal scope of the director we said that first it includes the EU nationals meaning the Nationals of the persons having the nationality of the Member States secondly we speak about the family members which is it which includes the spouse the partner the direct descendants who are under the age of 21 or our dependents the dependent direct relatives in the ascending ascending line including those of the partner and disposed as long as the family members accompany the EU citizen there are also subject to the provisions of the director as long as the family members accompany the EU citizen there are subject to the provisions of the director the Member States of the EU do not have any discretion on applying these provisions to the family members the directive also provides I'm sorry in the break there was a question about the partner the partner is not the spouse okay the partner is the person with whom the EU national has contracted a registered partnership in Turkish capable acrylic contact contracted the registered partnership provided that under the condition that the law of the host member stay meaning the member state where they reside treats the registered partnerships equivalent to marriage the directive also provide that certain persons first I will be speaking about who they are the family the other relatives are the relatives including other family members and the partner may enjoy facilitation of the entry of residents to the host member state this means that the directive do not provide for automatic right of residence and movement within the EU with the EU citizen for these persons but the Member States shall facilitate the entry of residents of entry and residence of these persons therefore for the other relatives as provided under the directive other relatives as provided under the directive they do not have the automatic right of residence and movement within deal with the EU citizen but the Member States shall facilitate the entry and residence of these persons these persons are the relatives include first any other family members any other family members meaning not the family members falling under the definition as provided under Article two who are dependents or members aft of the household who are dependents or members of the household of the citizen or where there exists serious health reasons for the personal care of this person of the family member by the EU citizen this group would include uncles cousins sisters and brothers they are not considered as a family member as provided in the first personal scope of application of the directive they are not in the ascending line or they are not dependents as such there are not descendants or there are no people in the ascending line either there are other day these are other relatives and they do not have an automatic right of entry and residence but the Member States shall facilitate their entry and residence in the Member States and secondly the partner with whom the EU citizen has a durable relationship duly attested in Turkish BAM well according to the director certain rights are provided for the EU citizens and for their family members the first right is the right to live the right to leave the Member States are required to grant their citizens and their family members the right to leave their territories to let them go to other member states and work in those Member States as long as they produce an ID card they produce an ID card or passport which would be valid for a five years period which would be valid throughout the EU requiring no exit visa we are used to the V cells in entry for entry but there is a possibility to issue exit visas as well when the states the states may decide to issue exit visas they may require for exit visas when leaving a country as well okay this is this is abolished in the EU this is strictly prohibited under this directive that no exit visa can be issued the second right is the right of entry in Turkish right of entry Girish shaaka similarly the EU citizens and their family members have the right of entry to other member states with a valid ID card or passport and there is no visa requirement exception is where there exists a third country national third country national family member for whom visa can be required of course if these requirements are not satisfied by the EU ma'am use citizen or by the family member according to the directive the Member States shall give them the opportunity to obtain the documents to have them brought to them wrote to them there is also possibility to apply penalty however this penalty cannot be disproportional meaning yes according to the decisions of the court of justice deportation or deportation sooner - a demon or refusal of entry may be considered as these proportional penalties an example is a decision of Court of Justice from 1975 Batson versus Batman miss in this case miss Watson was a UK national she was acting as an au-pair while staying in Italy with mr. Damon both of them failed to notify her residence to the national authorities and they faced with imprisonment fines to be paid as well as miss Watson's deportation the Court of Justice found the issue of deportation order as in proportionate disproportionate therefore contrary to the founding treaties one question where do we provide for these subjects in Turkish law where is the ideal subject provided in Turkish law right of entry right of residence right of know in Constitution do we provide them where is it provided for the entry of entry of foreigners Constitution India in the foreigners and international protection act we have an an act which is called foreigners and international protection act in Turkish yob Angela vo says cor McConnell these provisions are found in that act which is very similar to the citizens directive of the European Union in the second semester when we speak about international migration law we will be dealing with these subjects on comparative basis okay the provision of this act and the provision of the citizen's right director the third subject the third right provided under this directive is the right of residence up to three months this is provided under Article six of the directive according to that provision the EU citizens and the family members have the right of residence in Turkish right of residence yeah Lesh Muraki right of residence for up to three months subject to no conditions other than presentation of an ID card or passport for this three-month period the reason of residence is irrelevant meaning it is not important why the person is the person's reside for this three-month period it can be study it can be work or it may only have touristic purposes another right provided under Article 7 the right of residence for more than three months all you need all EU citizens enjoy the right of residence for more than three months under following conditions if there are workers or self-employed persons in the host state or if there are workers or self-employed persons in the host state or they have sufficient resources for themselves and for their family members not to become a burden on the social assistance system of that member state of host state therefore they either how to have a work as a worker as a self-employed or they how to have the financial solution financial resources for themselves and for the family members not to become a burden on the social assistance system of the host state and they have a comprehensive sickness insurance in Turkish celexa courtesan covering in the host state or the EU citizens that are enrolled as a private or public establishment for study including vocational training in Turkish huh Wesley key item and have comprehensive sickness insurance and sufficient resources for themselves or for their family members under these conditions the rule is that the family members of the EU citizen including the EU Nationals and the third country nationals shall enjoy the same rights as the EU national there are certain exceptions for the family members of the students you could find in the director the next right is the right of permanent residence this is also provided under Turkish law under this act the act is pretty new and reflects certain provisions of the EU citizens Director the permanent the right of permanent residence in Turkish by me Alison Harker correctly Alecia marker it is provided under Article 16 to 18 of the director this is considered as one of the innovations of this director the provisions of the directive on the permanent residence of EU citizens and their family members who have resided lawfully and continuously for the five years period in the host Member State are given the right of permanent residents therefore the EU citizens and their family members including non EU nationals who have resided lawfully and on continuous basis for a five years period in the host Member State are given the right of permanent residence the general rule is provided under Article 16 as we have mentioned that Union citizens who have legally resided for a continuous period of five years shall be given a permanent right of residence continuity of residence shall not be effected by temporary absences not exceeding six months period therefore the person may be absent in a six-month period at most or by absences of a longer duration for military service or by absences for longer periods of maximum 12 months for serious or important reasons such as pregnancy childbirth serious illness study or vocational training once acquired the right of permanent residence is lost because of the absence from the host member state for cont for two consecutive years please read articles 17 19 20 of the director according to the directive under Articles 22 to 26 the right of residence and permanent residence enjoyed in the whole territory of the host member state these rights can only be restricted only where the same restrictions apply to their own nationals the family members of an EU citizen irrespective of his or her nationality shall be entitled to take up employment in the host Member State the right of equal treatment with Nationals of the host Member State are subject to the limitations provided in the founding treaties and in the secondary legislation [Applause] other than this director as we stated before regulation 492 / 2011 provides for certain employment rights I will only tell these in brief you can find more detailed information in the textbook the first subject provided by the regulation is the right of right to take up employment right to take up employment in the host state host Member State under the same conditions with the Nationals of that member state without discrimination the regulation permits the member states to impose linguistic requirements or a requirement of a linguistic ability for non nationals only when when it is subject when it is the subject of the post yes when as regards when the natural of the passo requires that it is possible to impose linguistic requirements for that person other than that there is no such requirement for instance in the case of 1987 Brunner versus Ministry of Education growin are worse as Minister of Education the European Court of Justice upheld an Irish requirement that teaches in Ireland should be proficient in the Irish language as a part of public policy the idea was to promote the Irish language and Irish culture therefore the court upheld such a requirement but it also provided that such a requirement must be proportionate the regulation also provides for social tax and other advantages the workers coming from other member states shall be subject to the same social and tax advantages as the Nationals of the host Member State it also provides that the member states how to give access to vocational training to the workers coming from other member states with the same conditions as the nationals of that Member State the regulation also prohibits discrimination on trade union rights in Turkish trade union rights say Michael hock Lars it also provides the principle equality as regards the rights and benefits in housing including our ownership and as regards the rights of education of the children of the worker in the host Member State now for the children of the worker shall also enjoy the same rights as the children of the Nationals of that member state in terms of Education including vocational training okay so this is more or less about the most important secondary instruments which apply workers and to services as well in terms of the right of establishment we will be dealing with secondary instrument - we will mainly because mainly in terms of the recognition issue and we will be seeing also the right of the free movement the right of free movement of work sorry lawyers in the next week all right please come prepared class read the textbooks you will find all details information there all right