Case Notes
| DOI | 10.1177/1023263X1101800412 |
| Published date | 01 December 2011 |
| Date | 01 December 2011 |
| Subject Matter | Case Notes |
18 MJ 4 (2011) 573
CASE NOTES
Case C-48 4/07 Pehlivan, Judgment of 16June 2011, not yet reported
§1. INTRODUCTION
e Pehlivan case ra ises a fundamental lega l issue: does the institut ion of marriage, which
creates a juridical fa mily link bet ween two persons, necessari ly result in the dissolution of
the spouses’ fami ly ties with other family member s such as parents? In other words, does
wedlock imply the creation of a fam ily relationship at the expense of other, pre-existing
family connect ions, taking into consideration that t he concept of marriage enjoys special
protection under most constitutions – as doe s family life and family u nity?
e Court of Justice had to deal w ith this question in the context of the EU-Turkey
association in the ca se of Pehlivan that concerned the daug hter of a Turkish worker who
had resided with her father under one roof for more than t hree years in the Netherlands.
e Dutch authorities withdrew her residence per mit, arguing t hat by getting marr ied
her family ties w ith her parents had been broken, which led in tur n to the cessation of
rights acquired in her c apacity as a family member of a Turkish worker. In Pehlivan the
Court again rei nforced the legal status of fam ily members of Turkish workers in the EU as
it had done in earlier case law.1 e judgment is of great importance a gainst the backdrop
of building a common European migration policy that a llows for the strengthen ing of
family bonds and faci litates family reu nication of third country nationals lawfully
residing in an EU Member State.
§2. RELEVANT FACTS
e applicant Ms Fatma Pehlivan, a Turkish national, a rrived in the Netherlands at the
age of 19 to join her parents. e Dutch authorities granted her a residence per mit for the
purpose of fami ly reunication with eect from 9Augus t 1999, valid with an ex tension
until 24July 20 03. In December of 2000, Ms Pehl ivan married the Turkish national Mr
Pehlivan in Turkey, but did not notify – though apparently requ ired by Dutch legislation
– the Dutch authorities of her marriage. On 19 March 2002 Ms Pehlivan lodged an
1 See Case C-351/95 Kadiman [1997] EC R I-02133; Cas e C-329/97 Ergat [2000] ECR I-1487; Case C-65/98
Eyüp [2000] ECR-I- 4747.
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