Afet study guide by Institute of Research & Training on European Affairs

EUropa.S. 2018 March

30th

â&#x20AC;&#x201C; April 2nd | University of Piraeus

Organized by: Institute of Research & Training on European Affairs

EUropa.S. 2018

Study Guide

European Parliament AFET Committee

Topic: Reconciliation between the EU and Turkey under the light of the recent military violations

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

Table of Contents Greeting of the Board __________________________________________________ 3 Introduction to AFET Committee _________________________________________ 4 Introduction of the Topic _______________________________________________ 5 Legal Framework of EU-Turkey Relations _________________________________ 5 Historical Background ________________________________________________ 7 Turkish Coup d’état of July 2016 ________________________________________ 9 Turkish Constitutional Referendum ____________________________________ 10 Grounds of Cooperation _______________________________________________ 11 Customs Union ____________________________________________________ 11 Accession of Turkey in the EU _________________________________________ 12 EU-Turkey agreement on Refugees’ Crisis _______________________________ 15 Fields of Dispute _____________________________________________________ 16 Violations of Greek and Cypriot sovereignty _____________________________ 16 EU Political Parties Position ____________________________________________ 17 Conclusions _________________________________________________________ 21 Glossary ____________________________________________________________ 22 Questions Raised_____________________________________________________ 23 Bibliography ________________________________________________________ 24 Further Reading _____________________________________________________ 25 Useful Links _________________________________________________________ 25

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AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

Greeting of the Board

Honorable MEPs, We are more than glad to welcome you on board on this amazing experience, simulating the European Parliament’s AFET Committee during EUropa.S 2018! We would also like to congratulate you for standing out and taking the opportunity to participate in fruitful debates, exchange innovative ideas and make this experience count. AFET Committee will dive into the following interesting topic: “Reconciliation between the EU and Turkey under the light of the recent military violations”. We’re acknowledging that we’ll have to deal with a complex, burning and debatable issue and as a result we urge you to conduct a thorough research, always waiting for your useful insights. With this study guide being just a motivation for further investigation, we advise you to examine deeply your country and party’s policy so as to manage to stick to it and help us have an outstanding debate. Last but not least, we would like to thank you for your interest and we are looking forward to working with you in March. Until then, work with purpose and get as passionate as we are! The Board of AFET Committee

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AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

Introduction to AFET Committee The European Parliament constitutes the only directly and democratically legitimate institution of the European Union (EU) and its power has increased significantly over time. In order to perform its functions, the Parliament shall meet both in plenary session once per month and in standing committees once or twice per month. Each committee has competency related to its area of expertise, from transport and tourism to culture and education. The Committee on Foreign Affairs (AFET, after the French name “Affaires étrangères”), is one of the largest committees of the Parliament and the most significant with respect to the EU’s external policies, with regard to which the Development Committee and the Committee on International Trade are of particular importance as well1 the Foreign Affairs Committee is the one which play the catalytic role in shaping the Common Foreign and Security Policy (CFSP) and the Common Security and Defense Policy (CSDP) of the Union. The Committee’s tasks include first and foremost the strengthening of political relations both with third countries, especially those situated in the vicinity of the EU, and international organizations through aid programs or international agreements, such as association and framework agreements, and the monitoring of the European Neighborhood Policy (ENP). It also acts in close cooperation with other institutions and bodies of the EU for matters falling under its mandate. The Committee focuses on the exploitation of EU funds for the promotion of the Union’s interests beyond its borders, while, in the context of EU enlargement, it opens and monitors the negotiating process and gives its assent to Accession Treaties. It is competent to questions related to democracy, human rights in third countries and the principles of international law. The Committee is assisted by a subcommittee on security and defense and a subcommittee on human rights2. While there is still no consensus among the Parliament’s parties whether Member States are able and should be willing to act together in the international arena or not, the Committee faces the challenge of managing to agree on a certain common foreign policy on external issues affecting the Union.

Jorgensen, K., Aarstad, A., Drieskens, E., Laatikainen and K., Tonra, B. (2015). The SAGE Handbook of European Foreign Policy, [ebook] p. 302. Available at: https://books.google.gr/books?id=4fiICwAAQBAJ&pg=PA302&lpg=PA302&dq=afet+committee&sourc e=bl&ots=farJvrzE2p&sig=2XVPR6xXWPsigythTYoQrBfED4E&hl=el&sa=X&ved=0ahUKEwid1tTH_L7XA hVEMJoKHeJNBMY4ChDoAQg-MAQ#v=onepage&q=afet%20committee&f=false [Accessed 10 Jan. 2017]. 2 European Parliament, (2017). Rules of Procedure of the European Parliament. [online] Available at: http://www.europarl.europa.eu/sides/getLastRules.do?language=en&reference=RESP-AFET [Accessed 10 Jan. 2017]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 4

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

Introduction of the Topic The relations between the EU and Turkey have always been very ambiguous, being harmonious as well as turbulent. Since 1963, the two partners have been trying to establish a stable and constructive relation and they have made enormous progress, despite the fact that there is still a long way until Turkey becomes an EU member state. Therefore, it is very crucial to analyze the various aspects of this cooperation in order to understand the current situation. As a result, it is very essential to examine, under the light of historical background and legal framework, the eventual fields of cooperation and those of conflict. Under the first category we can spot the customs union between Turkey and the EU, which was perhaps the most important step towards a more effective cooperation. The customs union has created the road to the accession of Turkey in the EU, something that due to multiple reasons, explained thoroughly below, has now be postponed. Of course, the recent EU-Turkey agreement on refugees’ crisis shouldn’t also be neglected. On the other hand, fields of dispute include the constant violations of human rights in Turkey as well as the recent turmoil provoked by the coup d’état and the referendum, whose result leads Turkey far from being a democratic country, governed by the rule of law. Bilateral relations have also been harmed due to Greece and Turkey’s dispute over the Aegean Sea and Cyprus’ exclusive economic zone. Therefore, it is of the utmost importance for the interests of both partners, to come up with new ways in order to reconcile Turkey and the EU, aiming at fostering mutual economic, social and political development.

Legal Framework of EU-Turkey Relations The EU-Turkish relations started forming back in 1963, when the two parts signed a bilateral agreement, the Ankara agreement 3 , which has been the inaugural convention concerning a three-step process towards a customs union, aiming at facilitating Turkey’s accession in the European Economic Community (EEC). However, this agreement hadn’t been put into effect until 1995, when a free trade area between the two partners was established. Since that date, goods (but not services), excluding agricultural products, can travel between the two regions without any customs restrictions, with that being an important factor that made Turkey one of the fastest growing economies in the world.

Ankara Agreement, EUR-lex, Access to the European Union Law [online], Available at http://eurlex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:e40113 [Accessed 10 Jan. 2017]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 5

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

When it comes to Turkey’s EU full membership, it is deemed necessary to mention that the country has been an associate member of the EU since 1964 and a candidate member since 1999. In 2008, the European Council updates (2008/157/EC) the Partnership for the accession of Turkey4, which has been adopted in 2001. This has been the main tool guiding Turkey through its preparations for accession, making it clear that the country has to adopt the “acquis communautaire”5, meaning to modify its legislation in order to meet the common European standards. However, as of the 24th November 2016 the accession negotiations have been suspended with a decision by the European Parliament 6, due to human rights and rule of law doubts. A milestone in the EU-Turkey’s agreements so far, is without a shadow of a doubt, the EU-Turkey statement of March 20167, concerning a joint effort to resolve the refugees’ crisis. This convention aims, inter alia, at decreasing the migrants’ influx to the European territory while providing Turkey with financial aid, ensuring that accession negotiations will keep going. Last but not least, the EU has been working with Turkey on the grounds of visa liberalization process, rendering Turkish citizens able to travel throughout the Schengen Area, without the need to obtain a visa. Therefore, the European Commission has drafted the “Roadmap towards the visa-free regime with Turkey”8, as a basis for the dialogue for the visa liberalization, which was supposed to occur on the 30th of June 2016. Nevertheless, progress has not been made, mainly because of the recent deterioration of the relations between the two partners.

Partnership for the Accession of Turkey, EUR-lex, Access to the European Union Law [online], Available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:e40111 [Accessed 10 Jan. 2017]. 5 Acquis, European Neighborhood Policy and Enlargement Negotiations, European Commission [online], Available at: https://ec.europa.eu/neighbourhoodenlargement/policy/glossary/terms/acquis_en [Accessed 10 Jan. 2017]. 6 Freeze EU accession talks with Turkey until it halts repression, Press Release, European Parliament [ online] Available at: http://www.europarl.europa.eu/news/en/pressroom/20161117IPR51549/freeze-eu-accession-talks-with-turkey-until-it-halts-repression-urge-meps [Accessed 17 Mar. 2017] 7 European Council and Council of the European Union, Press Release, EU-Turkey statement [online] Available at: http://www.consilium.europa.eu/en/press/press-releases/2016/03/18/eu-turkeystatement/ [Accessed 17 Mar. 2017] 8 Roadmap towards a visa-free regime with Turkey, European Council [online] Available at: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-is-new/news/news/docs/20131216roadmap_towards_the_visa-free_regime_with_turkey_en.pdf [Accessed 17 Mar. 2017] EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 6

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

Historical Background9 A full understanding of the relations between the two parties as they are shaped today requires looking back to some key events that either promoted or harmed their communication. We must initially mention that the Republic of Turkey, after the Western-inspired reforms of its founder, Mustafa Kemal Atatürk, had shown great interest in reassessing the relationship of Turkey with the West. Thus, in 1959, Turkey became one of the first countries to strive for cooperation with the newly established European Economic Community. Τhe following timeline displays how events unfolded. Brief timeline of EU-Turkey relations February 18, 1952

Turkey and Greece joined NATO. This was the first round of enlargement for the Alliance10.

July 31, 1959

Turkey made its first application to join the then European Economic Community (EEC), almost one year after its creation. The EEC suggested the establishment of an association until the circumstances permitted Turkey’s accession. The Association Agreement between Turkey and the EEC (known as “The Ankara Agreement” 11 ) is signed. The Agreement entered into force on 1 December 1964 and included the establishment in three phases of a Customs Union, which aimed at bridging the gap existed in trade and economic matters between the Parties. It still constitutes the legal basis of their Association. The Additional Protocol 12 to the Agreement is signed in Brussels. It provided details on how the Customs Union would be provided. Turkish forces invaded Cyprus.

September 12, 1963

November 13, 1970

July 20, 1974 9

Republic of Turkey, Ministry for EU Affairs, (2017). History of Turkey – EU Relations. [online] Available at: https://www.ab.gov.tr/111_en.html [Accessed 10 Jan. 2017]. 10

NATO Review, (2012). The historic document confirming Greece and Turkey joining NATO. [online] Available at: https://www.nato.int/docu/review/2012/Turkey-Greece/Greece-Turkeymembership/EN/index.htm [Accessed 10 Jan. 2018]. 11 Republic of Turkey, Ministry for EU Affairs, (2011). ANKARA Agreement. [online] Available at: https://www.ab.gov.tr/117_en.html [Accessed 10 Jan. 2018]. 12 Republic of Turkey, Ministry for EU Affairs, (1977). Official Journal of the European Communities No L 361/1. [online] Available at: https://www.ab.gov.tr/files/AB_Iliskileri/tur_en_realitons/protocol_1977.pdf [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 7

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

1978/ 1979

Turkey refuses Community’s suggestion to apply for membership along with Greece. April 14, 1987 Turkey applies for full membership of the European Community. December 18, 1989 European Commission commented on Turkey's application that a major gap existed in comparison with European Community’s levels as regards social and economic development. The Commission insisted that the new members would be accepted only after the realization of internal market in 1992. January 1, 1996 The Customs Union is completed and the EU’s political and economic relations with Turkey become the closest in comparison with any other non-member state. December 10-11, The Helsinki Summit takes place, where the European Council 1999 recognizes Turkey as an applicant country. Shorty after, Turkey reexamines its “military-drafted” constitution to fulfill EU political criteria. March 8, 2001 The Council of the European Union adopts the EU-Turkey Accession Partnership, which includes measures to ensure Turkey meets the criteria required for membership. The Turkish government in turn publishes the first National Program for the Adoption of the Acquis (NPAA). November 3, 2002 The Justice and Development Party, a conservative democratic political party, was elected in Turkey, becoming the first Turkish party in 11 years to win an outright majority. One of its two founders is Recep Tayyip Erdoğan. December 12, 2002 The Copenhagen European Council states that "the EU would open negotiations with Turkey 'without delay' if Turkey fulfills the Copenhagen criteria." December 17, 2004 It was concluded in the summit meeting of EU Head of State or Government that Turkey has the ability to proceed with the negotiations for EU accession on 3 October 2004, as long as it has sufficiently met the political criteria. July 29, 2005 Turkey extended its Customs Union with the European Union to include new member states, including Cyprus, which was considered the last obstacle to talks. Three months later, the Union began accessions talks with Turkey. December 16, 2013 The European Union launched Visa Liberalisation Dialogue (VLD) with Turkey, while the parties signed the EU-Turkey Readmission Agreement. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 8

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

July 16, 2016

November 26, 2016

April 16, 2017

A coup d'état was attempted in Turkey against the government of President Erdoğan, carried out by a group of military officers. They failed to attract the support of civilians, who strongly protested against them. The European Parliament votes a non binding resolution13 to suspend accession negotiations with Turkey over its worsening record on human rights and rule of law. A constitutional referendum takes place in Turkey regarding the approval of 18 proposed amendments to the Turkish constitution. These changes would transform the political system of Turkey into a presidential one.

Turkish Coup d’état of July 2016 The term “coup d'état” is French, which is translated into English as “blow of state”, and means a sudden, violent, and illegal seizure of power from a government. On 15 July of 2016 a coup d'état was attempted in Turkey, which cost the lives of almost 290 people14 and marked the start of a new area for Turkish political history. The events began at 10 o’clock that night, when military jets were reported flying over the capital of the state, Ankara, and two bridges were closed in its most populous city, Istanbul. Immediately after these actions, the Turkish Prime Minister characterized them as an illegal act of seizure of power attempted by a section of the Turkish military. This operation was aimed at toppling the government and bringing down President Tayyip Erdogan. As the events were escalating, the parliament, the Presidential Palace at Bestepe, the police special forces headquarters and numerous other buildings were bombed15, several kidnaps were reported, and it became particularly apparent that Turkey was going to face its fourth military coup in its history. Thanks to its people, who massively and lightly armed gathered in streets, Turkey avoided this scenario.

European Parliament, Press room, (2016). Freeze EU accession talks with Turkey until it halts repression, urge MEPs. [online] Available at: http://www.europarl.europa.eu/news/en/pressroom/20161117IPR51549/freeze-eu-accession-talks-with-turkey-until-it-halts-repression-urge-meps [Accessed 10 Jan. 2018]. 14 CNN, (2016). Failed coup in Turkey: What you need to know. [online] Available at: http://edition.cnn.com/2016/07/18/middleeast/turkey-failed-coup-explainer/index.html [Accessed 1 Jan. 2018]. 15 The Aviationist, (2016). All the details about the air ops and aerial battle over Turkey during the military coup to depose Erdogan. [online] Available at: https://theaviationist.com/2016/07/18/exclusive-all-the-details-about-the-aerial-battle-over-turkeyduring-the-military-coup/ [Accessed 1 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 9

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

President Tayyip Erdogan claims that Fethullah Gulen was the person behind the coup attempt and declared a state of emergency for three months with a view to “being able to take fast and effective steps against this threat against democracy, the rule of law and rights and freedoms”16. Notwithstanding, its effects, including political power shift, press restrictions, mass dismissals and arrests, were characterized as a threat to democracy17. The coup attempt was the triggering effect, which made Turkey’s drifting towards authoritarianism more intense and obvious.

Turkish Constitutional Referendum On April 16th 2017, a constitution referendum was held in Turkey (following the coup d’état of July 2016), concerning the approval of 18 proposed amendments of the Turkish Constitution. This initiative was taken by the governing Justice and Development Party (AKP), led by Recep Tayyip Erdoğan, and the Nationalist Movement Party (MHP).All in all, the amendments concern, inter alia, the following modifications18: 1. Elimination of the role of Prime Minister. Instead, two or three vicepresidents will be elected. 2. The President acquires super-powers, including the right to appoint ministers, prepare the budget, pass several laws via decree, announce a state of emergency and dismiss the parliament. 3. The parliament will not be able to scrutinise the ministers or propose an enquiry. Investigations against the president will be possible only with the majority of Members of the parliament. The advocates of this reform claimed that decision-making will be faster and more practical. The super-power of the President, as stated, basically derives from the fact that he or she is directly elected by the people and not by the parliament and as a result he or she will be able to enact laws without any permission. On the other side, Mr. Erdoğan’s opponents consider that the country is leading towards authoritarianism, whereas freedom of the press and expression will further be limited. Austrian foreign minister Sebastian Kurz actually claimed that “the 16

Reuters, (2016). Turkey’s Erdogan declares state of emergency after coup bid. [online] Available at: https://uk.reuters.com/article/uk-turkey-security/turkeys-erdogan-declares-state-of-emergencyafter-coup-bid-idUKKCN0ZZ12S [Accessed 10 Jan. 2018]. 17 CNN, (2016). Turkey coup: What does the state of emergency mean for democracy? [online] Available at: http://edition.cnn.com/2016/07/21/europe/turkey-coup-emergency/index.html [Accessed 10 Jan. 2018]. 18 Why did Turkey hold a referendum, BBC News [online] Available at: http://www.bbc.com/news/world-europe-38883556 [Accessed 17 Mar. 2017] EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 10

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

referendum result was a clear signal against the European Union and ends the “fiction” of joining the union. “ Results were 51.41% in favor of the reform and 48.59% against. Grounds of Cooperation Customs Union On 31 December 1995, relations between the EU and Turkey are being upgraded thanks to the Customs Union between the two partners that had been ratified with the Ankara agreement. It includes free circulation of goods between the two regions without any further taxation. However, it is important to underline that services, public procurement and agricultural products are not included in this agreement given that they concern crucial economic areas. Today, Turkey is the EU’s 4th largest export partner and 5th largest provider of imports. On the other side, the EU is Turkey’s 1st import and export partner19. The restrictions on agricultural products, services and public procurement tend to be softened thanks to some bilateral preferential agreements as requested by the Amsterdam Treaty Annex I. Therefore,” industrial products originating in Turkey, including processed agricultural products and coal and steel products, benefit from the pan-European system of cumulation of origin”20. That is not the case for agricultural products. Moreover, the Customs Union also implies that Turkey has to move towards aligning to the “acquis communautaire”, especially when it comes to industrial standards, but also to legislation concerning intellectual property, taxation, competition etc. As of December 2016, the European Commission has now proposed to modernize the Customs Union by extending the agreement to areas such as services, public procurement and sustainable development21. Last but not least, it is considered necessary to mention that Turkey also participates in the Euro-Mediterranean partnership (Euromed), which enables it to utilize a free trade area along with all other Mediterranean partners, aiming at greater economic integration and democratic reform. 19

European Commission, Policies, Information and Services, Turkey [online] Available at: http://ec.europa.eu/trade/policy/countries-and-regions/countries/turkey/ [Accessed 10 Jan. 2017]. 20 European Commission, Taxation and Customs Union, Turkey: Customs Union and preferential arrangements [online] Available at: https://ec.europa.eu/taxation_customs/business/calculationcustoms-duties/rules-origin/customs-unions/turkey-customs-unions-preferential-arrangements_en [Accessed 10 Jan. 2017]. 21 http://ec.europa.eu/smart-regulation/roadmaps/docs/2015_trade_035_turkey_en.pdf [Accessed 10 Jan. 2017]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 11

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

Accession of Turkey in the EU A. Enlargement of the Union Enlargement is the “process whereby countries join the European Union” 22 . According to Articles 2 and 49 of the Treaty of the European Union, any European country which respects a set of values that are common to the Member States and is committed to their promotion may apply to become a member. These values include respect for human dignity, freedom, democracy, equality, the rule of law and human rights, including the rights of persons belonging to minorities23. It derives for the combination of the aforementioned articles that there are two substantive EU entry requirements, namely that a. the applicant should be a European state and b. it should respect the values set out by Article 2. However, the EU leaders at their summit in Copenhagen in 1993 established a series of additional criteria (the “Copenhagen Criteria”), which consisted result of political agreement, which means that they are not legal binding. The Copenhagen Criteria are three and each pertains on a different field. The first is a political one and provides that the applicant state should have stable institutions guaranteeing democracy, rule of law, human rights, respect and protection from minorities. The second, economic criterion requires the existence of a functioning market economy, which ensures the ability of the state to cope with competitive pressure and market forces within the EU, while the last one, the legislative, requires administrative and institutional capacity to effectively implement the body of common rights and obligations that is binding on all the EU member states, the so-called “acquis”, and ability to take on the obligations of membership24. At the moment, there are five countries in candidate status25. Turkey remains the oldest and the most controversial candidate country, waiting to be accepted to membership. B. Turkey: challenges to membership The European Commission insists that Turkey still needs to meet all requirements therefore, while the priorities of the Turkish administration, especially after the failed coup attempt on July of 2015, seem to moving to another direction. The 22

European Union, (2018). Enlargement. [online] Available at: https://europa.eu/europeanunion/topics/enlargement_en [Accessed 10 Jan. 2018]. 23 European Union, (2012). Official Journal C 326. [online] Available at: http://eur-lex.europa.eu/legalcontent/EN/TXT/HTML/?uri=CELEX:12012M/TXT&from=en [Accessed 10 Jan. 2018]. 24 European Union, European Neighborhood Policy And Enlargement, (2016). Accession criteria. [online] Available at: https://ec.europa.eu/neighbourhoodenlargement/policy/glossary/terms/accession-criteria_en [Accessed 10 Jan. 2018]. 25 These are Albania, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Turkey. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 12

AFET Committee, “Reconciliation between the EU and Turkey under the light of the recent military violations“ Study Guide

situation created was assessed by the European Commission in its 2016 Report on Turkey, in which progress towards fulfillment of the Copenhagen criteria was recorded. A brief analysis of the events that make us particularly cautious and hesitant in saying that Turkey is ready for membership can be found below.

B.1. Turkey’s inability to fully respect democracy, rule of law, and human rights Regarding the political criterion, prior to the events of July 2015, the Turkish Parliament made severe engagements, with a view to meeting both the government reform action plan for 2016 and the legislative requirements of the visa liberalization roadmap. The progress though in fields such as the law on data protection and the attitude towards some political parties in the Parliament (the waiver of the immunity of a large number of a pro-Kurdish opposition party from Parliament in June 2016 being a typical example) didn’t seem to be in line with European standards. The general response of the government to the situation in the south-east of Turkey, which included anti-terror military and security measures and an extensive campaign against the Kurdistan Worker’s Party (PKK), has faced a lot of criticism for being out of proportion and non-compatible with regard to respect for human rights. The European Union itself has characterized the PKK as a terrorist group and has added it to its list of persons, groups and entities involved in terrorist acts26. However, the large number of victims including children, the displacement of up to 400,000 residents and the destruction of private and cultural property caused by the government’s actions have occupied and concerned the international community27. It should be noted that during security operations in Kurdish towns and neighborhoods access for journalists and human rights investigators was not possible28. Therefore, although civil society organizations should be recognized as an important part of society and a key factor in Turkey's effort to meet the values and the acquis of the Union, they are not currently able to stay active and involved in public affairs. Some of them were closed in the aftermath of the coup attempt, accused for links to the Gülen movement, while in many other occasions representatives have been intimidated or even detained. 26

European Union, (2017). Official Journal of the European Union L 204/95. [online] Available at: http://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=CELEX:32017D1426&from=EN [Accessed 10 Jan. 2018]. 27 Office of the United Nations High Commissioner for Human Rights, (2017). Report on the human rights situation in South-East Turkey. [online] Available at: http://www.ohchr.org/Documents/Countries/TR/OHCHR_SouthEast_TurkeyReport_10March2017.pdf [Accessed 10 Jan. 2018]. 28 Human Rights Watch, (2016). Turkey: Events of 2016. [online] Available at: https://www.hrw.org/world-report/2017/country-chapters/turkey [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 13

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Ιn the Commission’s report, the lack of independence of the judiciary was strongly criticized. Allegations of conspiracy with the Gülen movement were levelled at judges and prosecutors as well, with the consequence that many οf them were removed from their profession, were arrested or saw their assets frozen. But in a state governed by the rule of law, it is by definition necessary that the judiciary should perform its duties in an independent and impartial manner and the executive and legislature should not intervene in its duties, respecting the principle of the separation of powers. More generally, the Turkish legal framework still needs to fully integrate the rights stemming from the European Convention on Human Rights and the case-law of the European Court of Human Rights, as it limits itself to providing general guarantees of respect for human and fundamental rights. Allegations of serious violations of the prohibition of torture and ill-treatment29, deaths due to domestic violence30, hate speech and hate crime targeting lesbian, gay, bisexual, transgender and intersex persons and minorities continue to give us cause for serious thought. The new Law on the Human Rights and Equality Institution of Turkey, which is responsible for investigating reports of human rights violations, merits a positive assessment, but it hasn’t been established yet. Actions must be taken with a view to making sure that the rights of vulnerable groups and of persons belonging to minorities will be sufficiently protected. A specific mention must be made about the freedoms of association, assembly and expression. After the events of July 2016, the activities of more than 350 nongovernmental associations were suspended, including organizations focusing on the protection of children and women rights and of human rights in general. Arbitrary bans of public assemblies and attacks on peaceful gatherings are commonly observed phenomena. Regarding freedom of expression, the Human Rights Watch has identified random trends of “government-led efforts to silence media criticism and scrutiny of government policy in Turkey”, including from prosecution and jailing to physical attacks and threats against journalists31. A short comment should be made regarding the issue of Cyprus, while a more analytical approach of the issue will be found below. Although Turkey claims to be open to talks on the Cyprus settlement, the state has still not fulfilled its obligation 29

Stockholm Center for Freedom, (2017). Mass Torture and ill-treatment in Turkey. [online] Available at: https://stockholmcf.org/wp-content/uploads/2017/06/Mass-Torture-And-Ill-Treatment-InTurkey_06.06.2017.pdf [Accessed 10 Jan. 2018]. 30 UN Women, (2017). Global Database on Violence against Women, Turkey. [online] Available at: http://evaw-global-database.unwomen.org/en/countries/asia/turkey#5 [Accessed 10 Jan. 2018]. 31 Human Rights Watch, (2016). Turkey: Events of 2016. [online] Available at: https://www.hrw.org/world-report/2017/country-chapters/turkey [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 14

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to implement the Additional Protocol to the Association Agreement, which is a prerequisite in order for the negotiations on the eight chapters relating to Turkey’s restrictions regarding the Republic of Cyprus to begin. B.2. Turkey’s economy almost conforms to the economic criterion It seems that Turkey’s progress regarding the second criterion is more promising. According to the European Commission, the Turkish economy can be characterized as a functioning market economy and the country’s level of preparedness to cope with the competitive pressure and market forces within the Union can be considered adequate. On the first point, political developments in 2015 and 2016 led to slower economic growth. These events weakened the country’s tourism and reduced foreign investments32. Τhe existence of a large external deficit contributes to the whole vulnerability of the economy, while the recent targeted actions against business people have deteriorate the business climate. Meanwhile, the liberalization of the energy sector is considered a huge step towards achieving competitiveness. In the same context, the Union considers the lack of access to education for girls one of the most serious challenges, as there is a long-standing gender gap when it comes to continuation to secondary and higher levels of education. B.3. Slow progress with the achievement of legislative alignment with the EU acquis Turkey’s efforts to align with the acquis and to finally be considered as able to assume the obligations of membership does not seem to be as positive as progress in the economic field. Its preparedness is detected in the areas of trans-European networks, Research and Development, free movement of goods, intellectual property and company law, climate change, consumer protection and customs union. The visa liberalization is considered its late achievement in a progress, whose pace is still limited.

EU-Turkey agreement on Refugees’ Crisis One of the most recent acts of cooperation between Turkey and the EU has been the agreement aiming at reducing the irregular influx from the Turkish to the European territory and most notably to Greece. This deal was signed on the 18 th of March 2016 and it has caused significant results, while also raising important questions. Its purpose was to create safe and legal routes to Europe, given the numerous deaths provoked by the hazardous journeys in the Mediterranean Sea. 32

World Bank, (2018). The World Bank in Turkey. [online] Available at: http://www.worldbank.org/en/country/turkey/overview [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 15

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In 2015 more than 1 million people arrived in the EU, mainly through Greece 33. The country, due to its own financial and political turmoil, was unable to manage this unprecedented number of refugees, therefore the deal with Turkey proved to be more than necessary. The core of the agreement is based on a 1 for 1 principle; For every irregular immigrant or asylum seeker returned from Greece to Turkey, another one is being resettled from Turkey to the EU, after a thorough individual assessment of the asylum claims case by case. Meanwhile, the EU is financially supporting both Greece and Turkey for the better implementation of the agreement. The results of this deal have been astonishing; “From 10,000 in a single day in October 2015, daily crossings have gone down to an average of around 43 today, while the number of deaths in the Aegean decreased from 1,145 in the year before the statement to 80 in the year which followed” claims the EU-Turkey statement of One Year On Report34. However, it’s also deemed important to mention that the refugees’ agreement hasn’t gone without criticism. More specifically, human rights advocates and Amnesty International have been protesting that the EU is now forcing immigrants to choose more perilous routes to Europe, namely the passage from Northern Africa to Italy35.

Fields of Dispute Violations of Greek and Cypriot sovereignty While the Turkish violations of Greek and Cypriot sovereignty influence more the bilateral relations between the conflicting parts than the EU-Turkey ones, it is highly important to briefly mention them in order to understand how Turkey interacts with specific Member States, in a more practical way. In the case of Greece36, Turkish violations mainly concern the extent of Greek national airspace that is being constantly violated by Turkish military aircraft. 33

European Commission, EU-Turkey Statement One Year On [online] Available at: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agendamigration/background-information/eu_turkey_statement_17032017_en.pdf [Accessed 17 Mar. 2017] 34 European Commission, EU-Turkey Statement One Year On [online] Available at: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agendamigration/background-information/eu_turkey_statement_17032017_en.pdf [Accessed 10 Jan. 2017]. 35 Amnesty International, EU-Turkey refugee deal a historic blow to rights [online] Available at: https://www.amnesty.org/en/latest/news/2016/03/eu-turkey-refugee-deal-a-historic-blow-to-rights/ [Accessed 10 Jan. 2017]. 36 Greek Ministry of Foreign Affairs, Issues of Greek-Turkish relations [online] Available at: http://www.mfa.gr/el/issues-of-greek-turkish-relations/ [Accessed 10 Jan. 2017]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 16

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Moreover, Greece’s sovereignty on the islands of the Eastern Aegean, established by Lausanne Treaty, is questioned by Turkey, while also demanding their demilitarization. Last but not least, Turkey has been contesting Greece’s legal right to extend its territorial sea to 12 nautical meters, considering it as a “casus belli” between the two countries. In the Cypriot case, the conflict has been built on the grounds of the regime of Northern Cyprus, perceived by Cyprus as an occupied territory which legally belongs to the Republic of Cyprus. However, Turkey states that Northern Cyprus should be recognized as an independent regime, forming the Turkish Republic of Northern Cyprus. Furthermore, Turkey is also violating Cyprus’ exclusive economic zone; both parts have economic interests in the region, given that the area is favorable for oil and gas exploration. EU Political Parties Position

European People's Party (EPP) The EPP has been the largest party in the European Parliament since 1999 and has a centre-right political orientation. Its vision is for a prosperous Europe, which only the creation of a free market economy with a social consciousness can create 37 . Maintaining partners outside Europe is the party’s policy on how the Union will tackle its current political, economic and security challenges. Thus, working closely with the neighboring countries will allow the establishment of a safe and prosperous continent. For now, the party holds that further developing fields of co-operation, such as economy, culture and student exchange, with Turkey is more urgent than the continuation of the accession talks. A complete freeze of communication is something unwanted, as there are still numerous democratic entities in Turkey, which support the same values as the Member States of the Union. The respect of these values, in which human rights, the respect of the fundamental freedoms and the rule of law are included, is prerequisite for the continuation of the relations between the parties. MEPs of the EPP have highlighted that the changes brought by the referendum of April and Turkey’s shift to a presidential system seem to be incompatible with the

European People’s Party, (2018). History. [online] Available at: http://www.epp.eu/aboutus/history/ [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 17

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Copenhagen criteria38. As these criteria are the only basis for membership and Turkey seems to follow another path, pre-accession funding has to be stop. These funds should ideally be reserved to civil society and refuges in Turkey. Last but not least, the party calls for an upgrade of the Customs Union, but first respect of fundamental rights and freedoms must be restored.

Progressive Alliance of Socialists & Democrats (S&D) The S&D Group is the second largest political group in the European and has a socialdemocratic political orientation. It perceives EU enlargement as a mean to expand Unions’ political impact and vision to the neighboring countries and thereby establish a stronger political and economic union. Candidate countries that comply with their commitments must be honored, as only the fulfillment of their obligations and of the Copenhagen criteria should allow them to join the Union. Thus, the group has been a great supporter of Turkey’s accession process and Turkey was consistently characterized by the party as a partner of vital importance. That being said, the authoritarian system created after the military coup attempt raised deep concern and the party declared unwilling to condone the continuous human rights violations coming from the Turkish government, blaming directly President Erdoğan for the democratic deficit of Turkey39. Gianni Pittella, president of the Socialists & Democrats, stated that “Erdoğan has closed his doors to the EU” with the referendum of April 2017, which consisted “another harsh blow against democracy and the rule of law in Turkey”40. Hoping that the Turkish people do not see eye to eye with the government, the party declares willing to stand by all those fighting for democracy and fundamental rights in Turkey. It further calls the state to stop undermine democracy and the rule of law and, until, then, supports that talks on Turkey’s membership must be suspended.

The European Conservatives and Reformists (ECR)

EPP Group in the European Parliament, (2017). Call for the suspension of Turkish EU accession talks. [online] Available at: http://www.eppgroup.eu/press-release/Call-for-the-suspension-of-Turkish-EUaccession-talks [Accessed 10 Jan. 2018]. 39 Group of the Progressive Alliance of Socialists and Democrats in the European Parliament, (2017). S&Ds condemns Ergodan’s anti-democratic actions and encourage Turkish people to remain close to the EU. [online] Available at: http://www.socialistsanddemocrats.eu/newsroom/sds-condemn-erdo-santi-democratic-actions-and-encourage-turkish-people-remain-close-eu [Accessed 10 Jan. 2018]. 40 Turkish Minute, (2017). S&D says EU should suspend talks with Turkey after referendum. [online] Available at: https://www.turkishminute.com/2017/04/17/sd-says-eu-should-suspend-talks-withturkey-after-referendum/ [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 18

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The European Conservatives and Reformists is a eurosceptical and anti-federalist conservative political party, which is considered centre-right and has 56 members within the European Parliament. According to the ECR Group leader, Syed Kamall, it is time for the European Union to seek for a new kind of relationship with Turkey that focuses on co-operation and honesty and no longer “on the distant goal of European Union membership” 41. The party has accepted the fact that Turkey may never become a member of the Union. The fact that Turkey is a non-Christian nation, mainly located in Asia and bordering with Iran, Syria and Iraq is used by the party as justification for this prediction, along with the uncertainty that Turkey’s vote in EU bodies and the new borders of the Union will cause. However, this fact does not have to render that the relation between the two parties have to stay strained. The European Conservatives and Reformists recognize the success of the EU-Turkey cooperation in the control of the flows of refugees and migrants, although their initial skepticism42, and call the Union to consider new possible fields of partnership, such as security, a subject of great concern in the light of the rise of terrorism, and stability in the Middle East. Even after Turkey’s political drift after the coup attempt and the following referendum, the group maintains the view that the country, as a NATO member, remains a key strategic partner. The Union should nevertheless continue to express its concerns over President Erdoğan’s government’s actions, which hamper democracy, the rule of law and freedom of speech.

European United Nordic Green Left (GUE/NGL) European United Left - Nordic Green Left (GUE/NGL or EUL-NGL) is the left-wing political group of the European Parliament, consisted of communist and socialist parties all over Europe. It was founded in 1995, currently has 52 members and its motto is that “another Europe is possible”. "Turkey is moving away from the rule of law. Huge numbers of arrests of representatives from civil society, locally elected representatives, as well as mayors

European Conservatives and Reformists Group, (2017). Sayed Kamall: We need a new, more honest relationship with Turkey. [online] Available at: http://ecrgroup.eu/syed-kamall-we-need-a-new-morehonest-relationship-with-turkey/ [Accessed 10 Jan. 2018]. 42 European Conservatives and Reformists Group, (2016). Turkey deal – EU leaders have just gone all in while holding a bag hand. [online] Available at: http://ecrgroup.eu/turkey-deal-eu-leaders-have-justgone-all-in-while-holding-a-bad-hand/ [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 19

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from the Kurdish region and the co-chairs of the major opposition HDP party, clearly demonstrate the deep-rooted, reactionary nature of the Erdoğan government."43 These were some words of GUE/NGL President, Gabi Zimmer, which reflect the party’s position towards Turkey. The party actively criticizes the inability of the Member States of the European Union to impose a uniform and united policy on the issue. It insists that the rule of law and the interests of the Turkish people should be the sole criterion and motivation for decision making and, at any case, not the Islamophobia of the Western world. There are voices within the party that call the Union to pressure Turkey to implement its obligations, which will allow accession talks to continue, and, at the same time, there are MEPs that find the accession unrealistic. These MEPs hold that the Union’s aid to Turkey44 should be suspended, stating that it funds makes the Union an accomplice of the alleged criminals of the Turkish government. However, they all agree that the negotiations should continue, because their suspension allows turkey to stay inflexible faithful to its policy. These negotiations should be concentrated on solutions to the Kurdish issue and to the Cyprus problem. This is not the only topic in which the party is not pleased with the attitude which the European Union adopts. The party envisages a European Union “of its people” and not “of the elites”45, as it describes its present form.

The Alliance of Liberals and Democrats for Europe (ALDE) The Group of the Alliance of Liberals and Democrats for Europe, the third-largest and one of the three oldest political groups of the Parliament, is home to liberal, social liberal and conservative liberal national parties. The members of the Alliance of Liberals and Democrats for Europe Party seem to adopt a more assertive stance on Turkey. In the aftermath of the constitutional referendum, Guy Verhofstadt, leader of the group, stated in the European Parliament that “Turkish accession is not realistic any more”, calling the European 43

European United Left/Nordic Green left, European Parliamentary Group, (2017). Rule of law and prisoners’ rights must be respected by Erdogan regime. Available at: http://www.guengl.eu/news/article/rule-of-law-and-prisoners-rights-must-be-respected-by-erdoanregime [Accessed 10 Jan. 2018]. 44 The pre-accession aid for 2017 was 636m Euros, European United Left/Nordic Green left, European Parliamentary Group, (2017). EU’s incoherent Turkey policy rears its ugly head. [online] Available at: http://www.guengl.eu/news/article/eus-incoherent-turkey-policy-rears-its-ugly-head [Accessed 10 Jan 2018]. 45 European United Left/Nordic Green left, European Parliamentary Group, (2017). About. [online] Available at: http://www.guengl.eu/group/about [Accessed 10 Jan. 2018]. EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 20

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Council and the European Commission to freeze the accession talks. He emphasized that the reforms that will arise from the constitutional changes will not unlock the country’s efforts to fulfill the Copenhagen criteria. Credibility is said to be totally lost from both sides. Thus, the party called for a new association agreement, with a view to deepening economic cooperation, in which the interest remains common.

Conclusion Τhe EU-Turkey relations seem to be brought to a standstill. The Union can’t close its eyes to the disproportionate measures undertaken following the coup attempt and their impact to Turkey’s inability to meet the Copenhagen Criteria. But the fact that there are still numerous fields of joint interest, such as counter-terrorism, migration, energy and trade, makes it difficult for the Union to completely marginalize Turkey. After so many years of discussions, is the accession of Turkey to the Union still possible? Is cooperation in all the aforementioned fields feasible? And how will cooperation be promoted? Which are the best scenarios for achieving stability and prosperity of both Turkey and the EU? The members of the Committee on Foreign Affairs are called to give answers to these questions, which are crucial for the future of Europe.

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Glossary

Authoritarianism: is a form of political governance characterized by the concentration of powers in one leader or in a small elite not constitutionally responsible to the people. Coup d’état: is a French term, which is translated into English as “blow of state”, and means a sudden, violent, and illegal seizure of power from a government. Referendum: one of the most widely-known forms of direct democracy, a voting procedure in which all the people of a country or a region are asked to give their opinion about an important political or social matter: Enlargement: is the process whereby countries join the European Union. The Copenhagen Criteria: are the politically agreed and no legally binding rules that define whether a country is eligible to join the European Union. Sovereignty: “in the sense of contemporary public international law denotes the basic international legal status of a state that is not subject, within its territorial jurisdiction, to the governmental, executive, legislative, or judicial jurisdiction of a foreign state or to foreign law other than public international law46”.

National Unity Government, (2015). Sovereignty: General Principles. [online] Available at: http://nationalunitygovernment.org/pdf/Sovereignty-Guidelines-Alessandro-Pelizzon.pdf [Accessed 10 Jan. 2018] EUropa.S. 2018, March 30th – April 2nd, Athens, Greece europas.irtea@gmail.com | www.europas.irtea.gr Page 22

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Questions Raised

1. How should the EU upscale its economic and commercial partnership with Turkey, capitalizing on the Customs Union? 2. How could the constitutional referendum’s results affect Turkish accession to the EU? 3. Should the EU-Turkey agreement on the refugees’ crisis be revised? If yes, in which ways? How can the two partners continue to have close cooperation on that topic on the aftermath of Turkey’s reform towards authoritarianism? 4. In which ways could the bilateral conflicts between Turkey and several Member States, such as Greece and Cyprus, be faced? 5. Should discussions on Turkey membership remain frozen? Under what conditions may the European Union change its position to the matter? 6. What actions should the European Union take in order to convince Turkey to respect human rights and fundamental freedoms? 7. As Turkey’s economy almost conforms to the economic criterion, what further measures can the European Union adapt to contribute to the achievement of fully conformity? 8. Which are the fields of cooperation in which future cooperation with Turkey should focus on and what specific initiatives can be promoted?

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Bibliography EU – Turkey refugee deal: A historic blow to rights, Amnesty International, 2016 Global Database on violence against women, UN WOMEN, 2016 Greece and Turkey: 60 years in NATO, NATO review, 2011 Ankara Agreement, EUR-lex Freeze EU accession talks with Turkey until it halts repression, urge MEPs, European Parliament, Press Release, 24/11/2016 EU-Turkey statements, European Council, Press Release, 18/03/2016 Exclusive: All the details about the air ops and aerial battle over Turkey during the military coup to depose Erdogan, The Aviationist, 18/07/2016 Failed coup in Turkey: What you need to know, Gul Tuysuz and Eliott C. McLaughlin, CNN, 18/07/2016 Turkey’s Erdogan declares state of emergency after coup bid, Reuters, 18/07/2016 The pan-Euro-Mediterranean cumulation and the PEM convention, European Commission Turkey: Customs Unions and preferential arrangements, European Commission Enlargement: Candidate countries and potential candidates, European Commission, 6/02/2017 Report on the Human Rights situation in South-East Turkey, Office of the UNHCHR, February 2017 EU slams arrest of Turkish activist and philanthropist Osman Kavala, Hurriyet Daily News, 3/11/2017 Issues of Greek-Turkish relations, Greek Ministry of Foreign Affairs

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Further Reading The Sahe Handbook of European Foreign Policy, KE Jorgensen 2015 Negotiating Europe: EU-Turkey relations from an identity perspective, B.Rumelili, Insight Turkey 2008 Expanding Europe: The ethics of EU-Turkey relations, T. Diez, Ethics & International Affairs 2007 Conditionality, impact and prejudice in EU-Turkey relations, N. Tocci, 2007 Rethinking Turkey-European Union relations in the light of enlargement, SE Kahraman, Turkish Studies 2000 Useful Links European Parliament, Committee on Foreign Affairs, http://www.europarl.europa.eu/committees/en/afet/home.html EUR-Lex, External Relations, http://eurlex.europa.eu/summary/chapter/external_relations.html?root_default=SU M_1_CODED%3D28 Republic of Turkey, Ministry of Foreign Affairs, Main issues, http://www.mfa.gov.tr/sub.en.mfa?395d59f6-c33c-4364-9744-cff90ec18a3e Human Rights Watch, Countries, Turkey, https://www.hrw.org/europe/central-asia/turkey Amnesty International, Countries, Turkey, https://www.amnesty.org/en/countries/europe-and-central-asia/turkey/reportturkey/

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