EU Foundations EU - Turkey Relations Dr. J.J. Rijpma KOÇ UNIVERSITY Spring 2013

From EEC 6 naar EU 27 1952 Belgium, France, Germany, Italy, Luxembourg and The Netherlands 1973 Denmark, Ireland and the UK 1981 Greece  1986 Portugal, Spain 1995 Finland, Austria and Sweden 2004 Cyprus, Malta, Estonia, Latvia, Lithuania, Poland, Slovenia, Slovakia, Czech Republic, Hungary 2007 Bulgaria, Romania

8 Enlargements 1952 1973 1981 1986 1990 1995 2004 2007 4

Conditions for Membership Article 49 TEU: Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union.

Conditions for EU Membership Article 2 TEU: The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Copenhagen criteria (1993) Political/Economic/Legislative At the time of accession: Stabile institutions which can guarantee the respect for democray, rule of law, human rights and the protection of minority rights; a functioning market economy that can cope with the competitive pressures and market forces within the Union Be capable of fulfilling the obligations of EU membership, amongst which support to the objectives of the EU (such as EMU); have goverment institutions which are capable of applying and enforcing the EU-rules and regulations (acquis communautaire).

Procedure for accession EU Article 49 TEU: Request to Council EP en national parliaments informed Commission consulted Consent Parlement with an absolute majority of votes Unanimity in Council Ratification accession treaty by all Member States (+ acceding state) in accordance with their respective constitutional requirements.

Tomorrow’s EU? Candidate Member States: Croatia (joining 1 July 2013) Iceland FYR Macedonia Serbia Montenegro Potential candidate countries: Western Balkans Albania Kosovo Bosnia-H. Others: Ukraine, Georgia, Armenia? Alternative: European Neighbourhood Policy

Turkey’s endless (?) road to EU Membership 1959: Application for Associate Membership EEC 1963: Ankara Association Agreement 1970: Additional Protocol 1980: Adoption of Decisions 1-3/80 1987: Application for EC membership 1995: Customs Union 1999: Candidate Country 2001: Accession Partnership 2005: Accession Negotiations start

Turkey’s endless (?) road to EU Membership Difficult negotiations: 35 chapters, so far 1 chapter provisionally closed, 12 pending Dec. 2006 Council decides not to open 8 chapters, no official closings Feb. 2008 Revised Accession Partnership adopted 2009 1 chapter opened, critical report from EP 2010 Constitutional Reform Referendum May 2012 “Positive Agenda” – Privileged Partnership? July 2012 Negotiations frozen under Cypriot presidency 2013 New Year’s message President: membership remains priority

What obstacles? Popular opposition in EU (often linked to islamofobia) Fear of Turkey being to big for the instititional make-up of EU Different opinions amongst MS (Cf. UK/France/Germany) Turkey increasingly less interested Critical reports of the EP. Commission and Council try to focus on the positive, but also observe shortcomings Human rights concerns (minorities, freedom of speech and religion, rule of law, judiciary) Armenian question The Cyprus-issue

Status and effect of international agreements International agreements form an integral part of the EU legal order (Haegeman, 1973) Duty for Member States to respect these agreements as a matter of EU law (Art. 216(2) TFEU) Duty of EU to comply with international agreements not entirely clear (however, remeber Kadi) Direct effect of international agreements possible under the same criteria as Van Gend & Loos (Demirel, 1987) This does not however mean that all international agreements concluded by the EU are capable of having direct effect (e.g. WTO law)

Association Agreements Article 217 (ex Article 310 TEC) The Union may conclude with one or more third countries or international organisations agreements establishing an association involving reciprocal rights and obligations, common action and special procedure. Examples: European Economic Area Bilateral Agreements with Switzerland Europe Agreements Euromed Agreements Stabiliation and Association Agreements

EU-Turkey Association Agreement Article 12 envisages eventual free movement of persons Similar concepts to be interpreted in the same way as much as possible First right of entry and employment is still left to the MS/Turkey (also as regards family members) Direct effect of agreement and decisions of the Association Council (in as far the provisions are…)

Decision 1/80 Employment Rights Art. 6(1) Turkish worker duly registered as belonging to the national work force entitled to: Renewal of permit after one year’s legal employment Respond to any job offer after three years, subject to labour market test Free access to any job after 4 years

Decision 1/80 Employment Rights Art. 10 Turkish worker duly registered as belonging to the national work force is entitled to equal treatment and other conditions of work

Decision 1/80 Family rights Art. 7(1) Members of the family of the Turkish worker who is duly registered as belonging to the national work force and who have been “authorized to join him” have the right to: Respond to any job offer after 3 years Enjoy free access to employment after 5 years

Decision 1/80 Family rights (children) Art. 7(2) Children who have finished vocational training can respond to any job offer, provided one of their parents has been legally employed for minimum of 3 years

Decision 1/80 Derogations Art. 14(1) Derogations on the basis of public policy, public security, public health Derin: [MS] obliged to assess the personal conduct of the offender and whether it constitutes a present, genuine and sufficiently serious threat to public policy and security and in addition they must observe the principle of proportionality.

Decision 1/80 Derogations Note: Turkish citizens are not EU citizens Only similar interpretation in as far as possible Case 371/08 (Ziebell), enhanced protection from the Citizens Directive (2004/38/EG, c.f. Tsakouridis) does not apply to Turkish nationals!

Two important clauses Stand-still clauses - Article 41(4) of the Additional Protocol (establishment and services) - Article 13 of Decision 1/80 (workers) NB: Stand-still also means you cannot restrict conditions once you have loosened them: Toprak and… Dereci Non-discrimination clause - Article 9 of the Association Agreement - Article 10 of Decision 1/80

And the Dutch will have to learn… 1) Visa for workers/established persons Sosyal + Dutch case law 2) Fees for visa and residence permits Sahin, Commission v The Netherlands 3) Integration Courses Dutch case law 4) Do the service provisions also cover recipients? If yes, then stand-still provision applies! Case pending before the CJEU: Demirkan (C-221/11)

Tomorrow: last class! Exercise session (make sure you prepare written answers: you may be asked to judge, defend, explain)