Right of Establishment and Freedom to Provide Services

The Founding Treaties of the European Union address and underscore four freedoms within the European Union (EU), which include the free movement of services, goods, capital, and persons. Touching upon these principles and policies endorsed by the Treaties and the decisions of the Court of Justice of the European Union, the EU has established the internal market, which has rendered the EU as a global economic power. In relation to the internal market and free movement of services, two key concepts appear to be of great importance; right (or freedom) of establishment and freedom to provide (cross border) services. The EU has a solid structure with respect to these concepts through the development of robust legislations harmonised across all Member States.   

The relations between the EU and Turkey have been essentially affected by such developments in the EU. The process of accession of Turkey to the EU has been empowered through the establishment of the Customs Union, which has been further shaped with the developments in regard to Chapter 3 of the EU Acquis, i.e. Right of Establishment and Freedom to Provide Services. Although the negotiations on the Chapter has been suspended for political reasons, Turkey has taken vital steps in aligning with this Chapter, particularly in meeting the technical benchmark. Indeed, the technical benchmark for this Chapter entails the identification of a timetable and strategy for legislative and administrative changes aiming at alignment with this Chapter. With the purpose of alignment with this Chapter and in particular meeting the technical benchmark, there have been numerous initiatives and developments marked in Turkey. One of them is the implementation of the “Support to Preparation of the National Strategy for Harmonization with the EU Acquis in the ‘Right of Establishment and Freedom to Provide Services’ Chapter – Relaunch” Project, which also seeks to gather all the relevant parties together under the guidance of the Ministry for EU Affairs.

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