Turkey, the Union and the accession

Turkey, the Union and the accession

(Prof. dr. G.A.M. Strijards LLM)

This publication is written by Prof. Dr G.A.M. Strijards as one of the results of the Dutch/Turkish MATRA project, EULEC has managed over the years 2001 until 2005. Specifically with consideration for Turkey ’s candidacy as a future Union member state, EULEC chose to focus on subject matter that discusses the guaranteeing of the constitutional rights as promulgated in the European Convention for theProtection of Human Rights and Fundamental Freedoms, with annexes, and their practical implementation. Topics included extradition procedures, as well as the provision of legal aid services aimed at the instituting of community policeteams with cross-border jurisdiction, international court proceedings for criminal cases, the performance of trans-territorial investigative tasks, like those that are used in the case of continued cross-border pursuits, and furthermore also the active and passive observations within the European community’s areas of jurisdiction. This proved helpful for the Turkish participants in order to determine at what levels and vis-à-vis what legalelements Turkish law and Turkish practice still needs updating, but it furtherproved useful for defining in what respects it shall be necessary for the Unionto adapt itself in order to grant Turkey its fitting share within the Union’slegal system.

The final results and the reciprocal finding shave been laid down in a definitive book consisting of four chapters.

1.The opening chapter is devoted to the history of the Union and to an account of the relationship that has been in existence between Turkey and the European Union since 1963 vis-à-vis the question of the former’s accession. The chapter’s contents elucidate, both with reference to Turkey and to the other Union member states, the position of the Netherlands as the member state that at the conclusion of 2004 occupies the Presidency and thus will bear the responsibility for establishing the time when Turkey can be accepted into the Union fold as a full-fledged candidate. At the same time, an explanation is offered of the characteristic feature of the cooperative bond that ties the Union together as one whole entity, a sketchthat has been deliberately selected in such a manner that the Turkish candidacy, its accommodation to the Union bond, and the post-accession proceedings are clarified in proper and comprehensible context, also for the medium-long term, since the post-accession period will undoubtedly still dragon for another fifteen years. This characteristic feature is: the Union as an economic free trade association. The Union is not to be evolved towards a supra-national entity that wholly responds to a notion which gradually takes on the form of a "federation ideal". We advocate the creation of a“Europe of United States" and not – as is the plea of many – of the “United States of Europe". The Union is not comparable to the federation of the United States of North America; should that direction be pursued, the entry of Turkey into the Union fold becomes well-nigh impossible.

2.The second chapter deals with the characteristic features of Turkey , the nation’s history, its economy, and its social and religious infrastructure. Many data and many segments used in this chapter are based on information provided by the legal offices of Mr. H. Sepersof Briel, whose name and collaboration is to be mentioned and acknowledged in the colophon as a contributor to this monogram. Since this chapter, rooted as it is in a legal-political contemplation of the desirability and the realization of the Turkish candidacy to the Union, bears evidence of certain political dimensions – it is impossible to avoid forming critical opinions vis-à-vis a number of aspects of Turkish politics and of the political system flowing out of these -- Mr. H. Sepers does not assume an author’s responsibility for the views expressed in it. Such responsibility belongs to the individual whose name is mentioned on the cover; any observations that areas a matter of course bound to be made by Turkish critics must be referred to the latter individual and to that individual only. Nevertheless, without recourse to Mr. Sepers’ expertise on the subject, this chapter would not have assumed its present form and extent.

3.The third chapter sketches the Union’s juridical infrastructure, her method of functioning as an "on- going concern", and the developments implemented following the adoption of the European Union Constitution by the heads of state and government leaders of the present Union member states. This chapter deals with the accommodations Turkey will have to make and submit to when finally confronted with the obligation to accept, ratify, and implement this Constitution. The fourth chapter deals with the reciprocal expectations vis-à-vis the accession and the medium-long term developments and consequences for the Union that are bound to follow in its wake. What this means is that there will be a lot of crystal-ball gazing as a result – something that in Turkey is a very common familial scene. Many a Dutchcitizen, as well as countless European Union nationals, on vacation in Turkey ,has been invited to savour the enjoyment of a cup of Turkish coffee. This beverage is made of cooked, ground coffee beans that, following consumption of the liquid, leave behind a quite distinct black mass of coffee grinds at the bottom of the cup. These grinds can be “read” and, not infrequently, yourTurkish participant in this ceremony will be revealed as a soothsayer when he manages to forecast future events on the basis of their arrangement inside the cup. This is somewhat similar to the attempts made in this book, with the subject of the prediction in this case being the future of the European Union.

4 .Ever since the Netherlands have made known their serious intent to make a decision on the question of Turkish accession tothe Union during the term of their presidency, many are those within the Union that have sat up and started to pay attention. Even though this theme ofTurkish accession has been debated off and on since 1963, today, with the Netherlands presiding over the European Council, ever increasing objections are being raised about the proposed membership. Consequently, the final weeks of2004 will prove of particular significance for Turkey , for the Union , and for organizers of the EULEC exchange program.

This Volume I, contains three sections:English version, Turkish version Dutch version

Gebonden, ca. 450 pag., 3 talig: Engels, Turks, Nederlands

Uitg. Ministerie van Buitenlandse Zaken, 2004

ISBN: geen

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