AB Adalet Divanı’ndan Türkler için ‘çifte vatandaş’ kararı Görüşüldü.

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Avrupa Birliği Adalet Divanı’ndan Almanya’da yıllardır korku içinde yaşayan çifte vatandaşlar ve gizli çifte vatandaşlar için sevindirici bir karar geldi.

Almanya’nın Bavyera eyaleti 2005 yılında aktif bir şekilde çifte vatandaşlıkları araştırmaya başlamış ve birçok kişi mağdur olmuştu. 2007 yılında Almanya Federal Parlamentosu’na bilirkişi olarak davet edildiğimde, bu durumdaki mağdurların haklarına sahip çıkıp kişilerin vatandaşlıklarını korumaları, bunun mümkün olmadığı durumlarda eski ikamet izinlerini tekrar almaları yolunda görüş bildirmiştim.

Daha sonra bu görüşe atıfta bulunan literatür ve mahkeme kararları oldu.

Şimdi başta Almanya, Hollanda ve Avusturya olmak üzere birçok AB ülkesi gizli çifte vatandaşları ortaya çıkarma çalışmalarına hız verdiler.

Bu aşamada Avrupa Birliği Adalet Divanı (ABAD) bu konuya açıklık getiren ve AB vatandaşlığını kaybedenleri ikamet izni konusunda rahatlatan olumlu bir karar verdi. (Karar tarihi: 21.10.2020, Dosya No: C 720/19).

Bu karar tüm AB ülkelerini bağlayıcı bir karar. Çünkü ABAD Avupa Birliği hukukunu yorumlamaya en yetkili ve en üst makam.

Bir AB ülkesine gelen ve yasal ikamet izni alan Türk vatandaşı en geç beş yıl ikametten sonra, Türkiye ve AB arasındaki Ortaklık Konseyi kararlarından kaynaklanan (1/80 madde 7) ikamet hakkına sahip olur.

Almanya 2000 yılından sonra Almanya’nın iznini almaksızın tekrar Türk vatandaşlığına geçenlerin ve daha önce geçmekle birlikte kanuna karşı hile yaptığını düşündüğü kişilerin Alman vatandaşlığını iptal ediyor.

Eski Alman vatandaşlarına süresiz ikamet iznini ise Almanya’da ‘en az beş yıl Alman vatandaşı‘ olarak yaşamışlar ise veriyor (Alman Göç Yasası madde 38). Ancak vatandaşlık kayıplarını otomatiğe bağladıkları için birçok olayda kişi beş yıl Alman vatandaşı olarak Almanya’da yaşamış olmuyor.

“AB Vatandaşlığını Kaybeden İkamet İznini Kaybetmez”
ABAD verdiği kararda AB iş piyasasına dahil olmuş bir Türk vatandaşının Alman vatandaşlığını kaybetmek ile eski haklarını kaybetmeyeceğine hükmetti.

Ortaklık Konseyi kararlarından kaynaklanan hakların sadece doğası gereği geçici olmayan bir nedenle AB dışında ikamet etmek veya kamu düzenini ciddi bir şekilde ihlal etmek ile kaybolacağına karar verdi.

Yorum sayfamızda yayınlanan makaleler, euronews’in editoryal görüşünü yansıtmaz.
METİN BOYUTU
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Avrupa Birliği Adalet Divanı’ndan Almanya’da yıllardır korku içinde yaşayan çifte vatandaşlar ve gizli çifte vatandaşlar için sevindirici bir karar geldi.

Almanya’nın Bavyera eyaleti 2005 yılında aktif bir şekilde çifte vatandaşlıkları araştırmaya başlamış ve birçok kişi mağdur olmuştu. 2007 yılında Almanya Federal Parlamentosu’na bilirkişi olarak davet edildiğimde, bu durumdaki mağdurların haklarına sahip çıkıp kişilerin vatandaşlıklarını korumaları, bunun mümkün olmadığı durumlarda eski ikamet izinlerini tekrar almaları yolunda görüş bildirmiştim.

Daha sonra bu görüşe atıfta bulunan literatür ve mahkeme kararları oldu.

Şimdi başta Almanya, Hollanda ve Avusturya olmak üzere birçok AB ülkesi gizli çifte vatandaşları ortaya çıkarma çalışmalarına hız verdiler.

Bu aşamada Avrupa Birliği Adalet Divanı (ABAD) bu konuya açıklık getiren ve AB vatandaşlığını kaybedenleri ikamet izni konusunda rahatlatan olumlu bir karar verdi. (Karar tarihi: 21.10.2020, Dosya No: C 720/19).

Bu karar tüm AB ülkelerini bağlayıcı bir karar. Çünkü ABAD Avupa Birliği hukukunu yorumlamaya en yetkili ve en üst makam.

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Bir AB ülkesine gelen ve yasal ikamet izni alan Türk vatandaşı en geç beş yıl ikametten sonra, Türkiye ve AB arasındaki Ortaklık Konseyi kararlarından kaynaklanan (1/80 madde 7) ikamet hakkına sahip olur.

Almanya 2000 yılından sonra Almanya’nın iznini almaksızın tekrar Türk vatandaşlığına geçenlerin ve daha önce geçmekle birlikte kanuna karşı hile yaptığını düşündüğü kişilerin Alman vatandaşlığını iptal ediyor.

Eski Alman vatandaşlarına süresiz ikamet iznini ise Almanya’da ‘en az beş yıl Alman vatandaşı‘ olarak yaşamışlar ise veriyor (Alman Göç Yasası madde 38). Ancak vatandaşlık kayıplarını otomatiğe bağladıkları için birçok olayda kişi beş yıl Alman vatandaşı olarak Almanya’da yaşamış olmuyor.

“AB Vatandaşlığını Kaybeden İkamet İznini Kaybetmez”
ABAD verdiği kararda AB iş piyasasına dahil olmuş bir Türk vatandaşının Alman vatandaşlığını kaybetmek ile eski haklarını kaybetmeyeceğine hükmetti.

Ortaklık Konseyi kararlarından kaynaklanan hakların sadece doğası gereği geçici olmayan bir nedenle AB dışında ikamet etmek veya kamu düzenini ciddi bir şekilde ihlal etmek ile kaybolacağına karar verdi.

Davaya konu olan olay
1970 yılından bu yana Almanya’da yaşayan Türk vatandaşı kadın, 1996 tarihinde süresiz ikamet izni almış. Şubat 2001 tarihinde Alman vatandaşı olmuş ve beş ay sonra tekrar Türk vatandaşlığını almış.

Duisburg/Almanya kenti kişinin Alman vatandaşlığını kaybettiğini tespit edip, eski süresiz ikamet iznini vermemiş. Duisburg İdari Mahkemesi olumlu bir adım atıp ABAD’dan bir ön karar talep etmişti.

Avukat Memet Kılıç, LL.M. (Heidelberg Üniversitesi) Karlsruhe/Almanya ve Ankara Baroları Üyesi. 17’inci dönem Almanya Federal Parlamentosu Milletvekili

166 YORUMLAR

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