Luxembourg, 10/02/2000 (Agence Europe) - In a press release, the European Court of Justice indicated, that in it's Nazli ruling, it declared that a Member State could not automatically expel a Turkish worker convicted of a criminal offence: Under a decision of the Association Council set up by EC-Turkey Association "A Turkish worker who has been detained pending trial and given a suspended prison sentence, but has not ceased to belong to the lawful labour force is, in certain circumstances, conferred with a right to renew his residence permit."
The Court reviews the case of Omer Nazli, a Turkish national and holder of a German work permit, convicted of being an accomplice to the trafficking of 1.5 kg of heroin and given a suspended prison sentence. The Court held, first of all, that a Turkish national who has been in legal employment in a Member State for a uninterrupted period of more than four years "does not cease (…) to belong to the lawful labour force (while detained pending trial) if the host Member State if he finds a job again within a reasonable period after hi release" indicated the press release. Under these conditions, "the Turkish national concerned may claim an extension of his residence permit for the purpose of continuing to exercise a claim his right of free access to any paid employment of his choice, a right granted to him by the decision of the Associate Council."
As from the drugs, the press release indicated that the Court proceeded by analogy with the principles established in the framework of the free movement for worker who are national of a Member State; "Without minimising the threat to public order constituted by the use of drugs, the Court concluded from those principles that the expulsion, following a criminal conviction, of a Turkish national who enjoys a right granted by the decision of the Associate Council can be justified only where his personal conduct is liable to be prejudicial to the public interest again."