TURKEY AND THE EUROPEAN UNION Prof. Dr. Mehmet Tomanbay Member of Parliament, Turkey The University of Baylor, Waco, Texas December 2, 2004

ORGANIZATION OF PRESENTATION Summary Information About the EU Summary Information About the EU A Short History of Turkey- the EU Relations A Short History of Turkey- the EU Relations Full Membership of Turkey To the EU Full Membership of Turkey To the EU

SUMMARY INFORMATION ABOUT THE EU History History Principle Objectives of the EU Principle Objectives of the EU Member States Member States Basic Institutions of the EU Basic Institutions of the EU - The EU council- the Council of Ministers - The European Commission - The European Parliament - The European Court of Justice - - The European Council- the EU Summit

HISTORY The European Union (EU) is a union of twenty-five independent states based on the European Communities and founded to enhance political, economic and social co-operation. Its constituent treaties are: - the European Coal and Steel Community Treaty (Paris, 1951) - the European Atomic Energy Community Treaty (Rome, 1957) - the European Economic Community Treaty (Rome, 1957) - the Treaty on European Union (Maastricht 1993). It was known as: - the European Community (EC) or European Economic Community (EEC) as a common market before 1993 and - the European Union (EU) since signing of the Maastricht Treaty in November 1993.

PRINCIPLE OBJECTIVES OF THE EUROPEAN UNION 1) Ensure freedom, security and justice 2) Promote economic and social progress 3) Assert Europe's role in the world 4) Establish European citizenship

MEMBER STATES 25 member states are: Germany, Belgium, France, Italy, Luxembourg, Netherlands, Greece, Austria, Denmark, Finland, Ireland, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland, Cyprus (Greek part), the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.

BASIC INSTITUTIONS OF THE EU The EU Council - The Council of Ministers The European Commission The European Parliament The European Court of Justice The European Council- the EU Summit

THE EU COUNCIL The European Union’s most powerful decision-making body. It is made up of the ministers of the member states. That means, according to the subject discussed relevant ministers constitute the Council. Together with the European Parliament, the Council has the power to make EU laws and decide the budget. The EU Council meets anytime they need.

THE EUROPEAN COMMISSION The European Commission, is based in Brussels and draws up treaties, laws and policies. Acts as the guardian of the Treaties Executive organ of the Union Initiator of the Union’s Policies and acts Defends the Union’s interest in the Council In this sense, the European Commission is an extremely important and powerful body that has the right to impose its decisions on member states of the European Union.

THE EUROPEAN PARLIAMENT The European Parliament, based in Strasburg, is an elected body. Members of it are known as Members of the European Parliament (MEPs) and they are elected by voters within a member state. The Parliament has 732 MEP’s and they are elected for 5 years. The more populated member states have been allocated a higher number of seats. The European Parliament actively takes part in legislative process. It is consulted on issues and can influence changes to suggested policies but it can not introduce them – this is only done by the Commission and it is the Commission that initiates the whole process.

THE EUROPEAN COUNCIL The European Council is the name given to the regular meetings of Heads of State and Government of EU Member States, and the President of the European Commission ( also called Summit). Meets at least twice a year (June and December). Plays a major political role in providing impetus for the development of the Union.

THE EU DECISION-MAKING PROCESS European Council Summit Parliament EU Council Council of Ministers Commission Committee of Regions Economic &Social Committee decision Co-decision Proposal Opinion Decision

THE EUROPEAN COURT of JUSTICE The European Court of Justice is made up of 15 judges appointed by the member states. Their appointment is for a fixed term of office of 6 years though the term is renewable. The function of the Court is to apply the laws and directives that come from the Commission. It also applies community law which is the law derived from the treaties on which the European Union is based. The Court can also hear cases against member states and the Commission itself.

A SHORT HISTORY OF TURKEY-THE EU RELATIONS Creating A Democratic and Secular State Reforms During the Republic Period Close Relations with the Western World First Phase of Turkey’s Relations with the EU - The Ankara Agreement and the Additional Protocol - Three Phases (Stages) of the Assosciation

CREATING A DEMOCRATIC AND A SECULAR STATE Turkey is the only pluralist secular democracy in the Muslim World. It has attached great importance to developing its relations with other European countries. Turkey began “westernising” its economic, political and social structures in the 19th century. During the Ottoman period several reforms had been put into practice. Following the First World War and the proclamation of the Republic in 1923, Turkey chose Western Europe as the model for its new secular structure.

REFORMS DURING THE REPUBLIC PERIOD Mustafa Kemal Atatürk, founder of the modern Turkey, has made several reforms to establish a democratic and a modern secular nation. Reform of Judicial System: - Civil law = Adopted from Switzerland - Penal law = Adopted from Italy - Administrative law = Adopted from France - Commercial law = Adopted from Germany Reforms in social life: - Hat and Dress reform - Right to choose for women in general elections. Adoption of the Latin Script

CLOSE RELATIONS WITH THE WESTERN WORLD Turkey has ever since closely aligned itself with the west and has become members of; - The United Nations (Founding member) - The Council of Europe (Founding member) - OECD (Founding member) - OSCE (Org. for Security and Coop. in Europe) (Founding member) - NATO - The Western European Union

FIRST PHASE OF TURKEY’S RELATIONS WITH THE EU Besides profoundly important reforms that Turkey has gone through, all the successive governments in Turkey tried to improve her economic relations and ties with the European countries. The basic reasons for this goal were; - To get some financial support - Benefit from market possibilities Turkey embraced the concept of a close cooperation with the EEC and made its application to join EEC in Negotiations started in the same year. The landmark agreements during the course of this period can be listed as follows: - Conclusion of Ankara Agreement ( ) - Entry into force of Ankara Agreement ( ) - The Additional Protocol of 1970 was another important document.

FIRST PHASE OF TURKEY’S RELATIONS WITH THE EU THE ANKARA AGREEMENT and THE ADDITIONAL PROTOCOL The Ankara agreement signed on 12 September 1963 and created an association between Turkey and the EEC. The Additional Protocol of 13 November 1970 set out in a detailed fashion how the Customs Union would be established. The Ankara Agreement of 1963 and the Additional Protocol of 1970 were two important documents, which identified modalities and calendars ensuring the future Customs Union and confirmed the ultimate aim of full membership.

FIRST PHASE OF TURKEY’S RELATIONS WITH THE EU THREE STAGES OF THE ASSOCIATION 1. Preparatory Stage Transitory Stage Definitive Stage During the transitory period: put into practice an open market, export oriented policy instead of autarchic import-substitution policy. The Customs Union was gradually established on January 1, 1996, according to the decision of the Association Council on March 6, Turkey is the only country that has established a functioning Customs Union before becoming a full member.

FULL MEMBERSHIP OF TURKEY TO THE EU Application for Full Membership Copenhagen Criteria Basic Criteria Enlargement Milestones The Reform Course of Turkey - Constitutional Amendments - Legal Amendments Accession Negotiations A Country Destined to Join the EU

APPLICATION FOR FULL MEMBERSHIP Turkey never gave up her decision to be a full member of European Union and applied for full membership on April 14, Turkish application was negotiated in Council of Ministers on 28th – 29th of April 1987 and transferred to the Commission for its opinion. Between the wall dividing Europe into East and West fell. The countries of the former East Bloc started to move closer to the rest of Europe.

COPENHAGEN CRITERIA (Accession Criteria) In June 1993 the heads of state and government of the EU Member States determined the accession criteria, which are often referred to as the 'Copenhagen criteria'. Thus, enlargement was no longer a question of 'if', but 'when'. Here too, the European Council provided a clear response: "Accession will take place as soon as an associated country is able to assume the obligations of membership by satisfying the economic and political conditions required."

BASIC CRITERIA As stated in Copenhagen, membership requires that the candidate country has achieved: Stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; The existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union; The ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union has created;

ENLARGEMENT MILESTONES Luxembourg, December 1997: The heads of state and government decided which countries can be considered for membership and how the accession process should be handled. All the candidate countries from the former East bloc as well as Cyprus are included in the enlargement process. March 1998: Cyprus, the Czech Republic, Estonia, Hungary, Poland and Slovenia launched concrete membership negotiations. Helsinki, December 1999: The heads of state and government gave the go-ahead for the other candidate countries to start concrete membership negotiations. At the same time, Turkey is recognised as a candidate for EU membership.

THE REFORM COURSE OF TURKEY After accepted as a candidate for the EU membership, Turkey continued the reform course and fulfilled several reforms to comply with the Copenhagen Criteria. The process of reform in Turkey has become irreversible. Turkey upgraded and deepened its democracy and modernized its legislation in conformity with the EU standards. Groundbreaking reforms have been introduced in the fields of freedom of expression and opinion as well as association and religion. The political participation, the role of the civil society and the parliament has been further consolidated. Good governance and gender equality have been improved.

THE REFORM COURSE OF TURKEY Since Helsinki, Turkey-the EU relations gained a perspective that can not be limited only to the political criteria. In addition to an intensified political consultation, a macro-economic dialogue was launched. Traditionally, the EU is Turkey’s major trade partner and foreign investor. Turkey’s trade with the EU makes almost half of its foreign trade. On the other hand, Turkish businessmen in the EU are already creating jobs for hundreds of thousands of the EU citizens. Only in Germany Turkish-owned firms are employing a workforce of about 350 thousands employees. They will have a much broader job- creation potential with Turkey’s full membership to the EU. The Customs Union is the best evidence of the strong and dynamic nature of Turkey’s economy.

CONSTITUTIONAL AMENDMENTS Two Constitutional amendments reinforced by eight legislative packages during period of a. First Constitutional Amendment Date: 03.October.2001 Number of the Articles: 34 b. Second Constitutional Amendment Date: 07 May 2004 Number of Articles: 11

SOME OF BASIC CONSTITUTIONAL AMENDMENTS Limitation on the period of arrest: 48 hours for individual, 4 days for collective crimes. Strengthening the principles of the immunity of domicile and the secrecy of communication, the liberty of association. Widening the liberty of expression by giving possibility to publishing in all languages, abolishment of the concept of “prohibited language”. Abolishment of the death penalty except for war and terror crimes and near war threat.

SOME OF BASIC CONSTITUTIONAL AMENDMENTS Strengthening the civilian control of National Security council. Recognition of National Security Council as an advisory body having any executive power and composed by a majority of civilians. Abolishment of the State Security Courts. Widening the freedom of expression. Ensuring gender equality.

LEGAL AMENDMENTS a. First Legislative Package a. First Legislative Package Date: 06 February 2002 Date: 06 February 2002 Number of Articles: 9 Number of Articles: 9 b. Second Legislative Package b. Second Legislative Package Date: 26 March 2002 Date: 26 March 2002 Number of Articles: 9 Number of Articles: 9 c. Third Legislative Package c. Third Legislative Package Date: 03 August 2002 Date: 03 August 2002 Number of Articles: 12 Number of Articles: 12 d. Fourth Legislative Package d. Fourth Legislative Package Date: 02 January 2003 Date: 02 January 2003 Number of Articles: 39 Number of Articles: 39 e. Fifth Legislative Package Date: 23 January 2003 Number of Articles: 7 f. Sixth Legislative Package Date: 19 June 2003 Number of Articles: 23 g. Seventh Legislative Package Date: 30 July 2003 Number of Articles: 37 h. Eighth Legislative Package Date: 14 July 2004 Number of Articles: 2

ACCESSION NEGOTIATION The EU Commission has assessed extensively the steps Turkey has taken regarding harmonization with the Union. The EU Commission has determined that Turkey has sufficiently met the political criteria. The EU Commission published its reports and recommendation prepared in accordance with the decisions taken at the Copenhagen European Council in 2002 on October 6th, The Commission has made a clear recommendation to the Member States to open negotiations with Turkey.

A COUNTRY DESTINED TO JOIN THE EU It was emphasized in the recommendation that Turkey was declared and acknowledged as “a country destined to join the EU” at the 1999 Helsinki European Council and that it was concluded at the Copenhagen European Council in December 2002 that “if the European Council in December 2004, on the basis of a report and a recommendation from the Commission, decides that Turkey fulfills the Copenhagen political criteria, the European Union will open accession negotiations with Turkey without delay.” In the recommendation, it was further stressed that this decision was reaffirmed at subsequent European Councils. The EU Heads of State and Government will reach a decision upon the recommendation of the Commission on December 17th.

A COUNTRY DESTINED TO JOIN THE EU Turkey has set membership to the EU as a strategic goal for itself and has accordingly fulfilled its responsibilities in order to pave the way for the opening of negotiations. Government and my party as opposition party are together committed to continue in this direction. My party is determined to contribute to every efforts of Government on this way. Therefore, we expect the EU Member States, in line with their decisions previously taken, to put into effect without delay the Commission’s recommendation to open negotiations.

A COUNTRY DESTINED TO JOIN THE EU Turkey hopes that the Member States will, on December 17th, take an unconditional decision without giving rise in terms of the negotiation process to any discrimination or unequal treatment and in a manner so as to guarantee the sustainability of the negotiation process. We are fully aware that beginning of accession negotiations is not full membership to the EU. However, we are confident that this new stage in Turkish-the EU relations will be a contribution to the strength of our common future. We believe that Turkey’s eventual accession to the EU will benefit all, Turkey will be an asset rather than a liability to the EU both politically and economically.

A COUNTRY DESTINED TO JOIN THE EU Turkey is not after taking a share from the European “cake”. Turkey itself will make this cake bigger. As we move towards the EU, we shall be proving that contemporary standarts and values are not confined to the followers of certain faiths. Turkey’s success will create a better atmosphere to promote harmony between religions and cultures. Turkey’s accession would be the best response to the efforts of those that wish to see tension and conflict between different faiths.

THE VIEWS of REPUBLICAN PEOPLES PARTY ON the EU Before concluding my presentation I wish to make one last point. The People’s Republican Party, has always supported Turkey’s accession to the EU as a full member and continues to do so. As a matter of fact, despite certain divergences of view over a variety of political issues, we are cooperating with the currently ruling Justice and Development Party in this process.