Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 30 June 2021 – Staatssecretaris van Justitie en Veiligheid, E, C; Other parties: S, Staatssecretaris van Justitie en Veiligheid

(Case C-402/21)

Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings

Appellants: Staatssecretaris van Justitie en Veiligheid, E, C

Other parties: S, Staatssecretaris van Justitie en Veiligheid

Questions referred

Can Turkish nationals who have the rights referred to in Article 6 or Article 7 of Decision No 1/80 ¹ still rely on Article 13 of Decision No 1/80?

Does it follow from Article 14 of Decision No 1/80 that Turkish nationals can no longer rely on Article 13 of Decision No 1/80 if, due to their personal conduct, they represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society?

Can the new restriction whereby the right of residence of Turkish nationals may be terminated even after 20 years on grounds of public policy be justified by reference to the changed social perceptions which gave rise to that new restriction? Is it sufficient that the new restriction serves the public policy objective, or is it also required that the restriction be suitable for achieving that objective and not go beyond what is necessary to attain it? Decision No 1/80 of 19 September 1980 on the development of the Association adopted by the Association Council

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¹ Decision No 1/80 of 19 September 1980 of the Association Council set up by the Agreement establishing an Association between the EEC and Turkey.