Notes on the Opinion of AG Cruz Villalón of 14 April 2013 in the case Demirkan C-221/11
The three main problematic elements of the opinion are:
(a) Recipients of services were from the very beginning covered by Community law and not only after the Court's judgment in Luisi and Carbone in 1984.
(b) Accepting that Turkish recipients of services are covered by Article 14 of the Association Agreement with Turkey and Article 41 of the Additional Protocol does not imply, as repeatedly suggested in the Opinion, that Turkish citizens will get full free movement rights or become quasi Union citizens.
(c) The 1970 Additional Protocol must not be interpreted primarily on the basis of the current immigration policy concerns of some of the parties to Association Agreement or on the basis of later international treaties that EU Member States have concluded among themselves or with third States.
These three elements are illustrated below in thirteen comments on specific points of the Opinion.
