The Supreme Court to refer questions for a preliminary ruling

Case no. BS-8270/2022-HJR
Order made on 6 June 2023

A
vs.
The Immigration Appeals Board 
 
In this case, the Supreme Court was asked to review the immigration authorities’ decision refusing to grant a permanent residence permit to a Turkish worker with legal residence in Denmark. 

During the hearing of the case, the Supreme Court was called on to consider, among other things, whether the refusal was in compliance with Article 13 of Decision No. 1/80 of the Association Council of 19 September 1980 on the Development of the Association adopted by the Association Council set up under the Agreement establishing an Association between the European Economic Community and Turkey. According to this provision, the Member States of the Community and Turkey may not introduce new restrictions on the conditions of access to employment applicable to workers and members of their families legally resident and employed in their respective territories in accordance with applicable law. 

Following the entry into application of Decision No. 1/80 in Denmark, the conditions in the Danish Aliens Act for obtaining a permanent residence permit were tightened. A submits that the immigration authorities’ refusal of his request for a permanent residence permit pursuant to the tightened conditions is in contravention of the standstill clause and that the tightening of the conditions was not justified by overriding reasons of public interest, e.g., the promotion of successful integration. 

The Supreme Court decided to refer a question for a preliminary ruling to the EU Court of Justice on whether the national provisions laying down the conditions for obtaining a permanent residence permit are covered by scope of the standstill clause, and if so, whether tightening of the temporal conditions for obtaining a permanent residence permit in a Member State may be regarded as promoting the successful integration of third-country nationals. 

On 6 June 2023, the Supreme Court ordered that the questions be referred to the EU Court of Justice.