Saturday, September 29, 2007

Living in Sin; the Ankara agreement

The last days I got emails from people who were confused about the Ankara Agreement and Ankara protocol.

Ankara agreement was an initial agreement to set up a sustainable cooperation between Turkey and (by then) the EC.

Ankara protocol was signed and ratified by the Turkish Government in 2004 but never fully implemented by Turkey, due to domestic nationalistic pressure.

Interesting detail in the Ankara agreement is that it excluded any Turkish born citizen of any political position in the EC. However, at the moment, Belgium, The Netherlands, and Germany have Turkish born politicians in their parliaments. The Netherlands even has a State minister of Justice, for Immigration. She has both the Turkish and Dutch citizenship.

The Ankara agreement never became really into force since Turkey never harmonized its laws with the EC, EEC or the now called EU.

Turkey applied in 1987 to join the EC, but was rejected. But finally in 1995 a Custom Agreement was signed. Still, Turkey didn't fulfill its obligations regarding harmonization of its laws with now the EU; Political, social and economical.

The ECJ is indeed the highest court but it doesn't have a say about the Community Acquis.
Simply: it has to follow the CA and its treaties.

And last but not the least: every lawyer knows that the law always will be interpreted 'in the spirit of the law, and not by the letter'. Which, of course, authoritarian states, don't acknowledge. Here we see the main difference in perception by the EU and Turkey.

10 comments:

William Hermansen Lien said...

I went quick over some posts, and this is an interesting discussion.
Also: I don't know about all the fuzz. It's so clear as my glass of water: there is no treaty between Turkey and the EU (EC), never was and for the time being, not will, about freedom of movement.
This case in the UK is an isolated one.
Have a good day!

Murat Hayri said...

OK, let's put this "free movement" question any other way:
Why are you so against it, Hans? What is the factor that really scares you and others so much? Some atavistic fear of Asiatics taking over your green grasslands? Cheap labour pushing you out of your jobs? The fact that most of Turks are not really blondes?
Many times when I heard such comments from Europeans, I thought these guys really need serious therapy to unearth these hidden fears (maybe desires).

Murat Hayri said...

one more thing: do you really suggest that any government should have a right to exclude its citizens from elected posts because their country was a signatory of an international agreement with another one. After all, these people could only gain these posts as they were citizens of the respective countries. Even Nazis could not come up with such neat logic to exclude one ethnic group.

Hans A.H.C. de Wit said...

Murat:
Talking about someone hair color, skin, race, makes you the perfect racist.
Ok, lets all Europeans get into theraphy, can you recommend a good Turkish 'aryan' national who can help us, poor Europeans out?
Did you read on the front page where this blog is all about?
Please be aware that this blog will be invaded by Greeks, Armenians, Cypriots....booh

William Hermansen Lien said...

I made some time to went over the Turkish blogs. Some are interesting (Bea, Super Hero (?) but coming back here, Internations, I am surprised that a person as Murat can vent his hate.
As Sincerae said, Turks are not into multi culturalism...they are into themselves and even the they quarrel...

So Murat, you expose the ultimate frustrated failure, as I understand insulted by each word a foreigner put down here.
I know your kind. Attacking people is your hobby, but you don't want to hear one critical voice.

Geert Jan Keutelaer said...

Murat,
Sending us in theraphy is not the solution.
It's your attitude which make it more dificult.
I am a immigration lawyer, and helped a lot of immigrants.
Your tone is of that all the Dutch are idiots.
Can you explain this, in detail, and with facts, to us.
Thank you.

mirdifderya said...

The main Turkish law originated from France and Italian government, I am not surprise why the Turkish Law is so corrupted:)).

There are so many stupid laws in it that even the judge’s laughs, which government tried to correct them? Non. Every government comes and goes they have been changing it for their on benefits.

Hans A.H.C. de Wit said...

fyi Murat: i am not against Turkey in the EU. i am against Turkey getting a priviliged treatment.

Metin said...

FYI . . . I am against the Turks having to practically beg to be let in. I think the Turks confuse belonging to the EU as a precursor for being European. And obviously that is not the case. The EU is a political organization, and not a geographical one. And it is up to the 'existing' permanent members as to who and how and when they allow others to become members.

My position is that Turkey should elect to be the leader of a different alignment than to become second fiddle in an organization that may not even have a long future.

And one day, it might even be the EU itself that may be doing the begging to 'invite' Turkey, if all the Turkish 'predictors' are right about how Turkey would be such an asset to the EU.

On another point, I've heard so many times, and from so many Turks in Turkey, that if Turkey was to open its doors, and others would allow it to happen, literally and not exaggeratively 'half the population' of Turkey would 'escape.'

What does that say about where Turkey is today, and how do you think any European nation 'exposed' to such revelation, gievn their existing problems with their oen people and economies of scale, would feel about that? and justifiably so from their perspective . . .

Isn't it about time Turkey should continue to 'reform' and concentrate on elevating the status of life in Turkey, no matter what the outcome of the EU application would turn out to be, and NOT frown with that all that for naught attitude if in fact gets turned down, or 'delayed.'

I'm sorry that this comment was not supposed to be a criticism of either for or against, but an endorsement for self-examination for some of the problems we accuse others of . . .

Hans said...

If Turkey plays according the rules, than they will become a member and after some thoroughly reforms and can become a big asset for the EU.
The EU will reform itself all the time.