A Comprehensive Analysis on the EU-Turkey Statement

Table of Contents

Seminar Paper

Table of Contents

Tableof Abbreviations

1 Introduction

2 Theoretical Section

3 Empirical Part
3.1A brief overlook through the EU- Turkey relations
3.1.1 What is 2013 Readmission Agreement?
3.1.2 What is the EU-Turkey Statement?
3.2.The importance of the Refugee Deal for both the EU and Turkey
3.2.1 The country has surrounded with papers “Turkey”
3.3.A historical review regardless of the visa requirement towards Turkish people
1.3.1 A comparison with other candidate countries: Western Balkans
1.4 Economic dimensions of visa issue12

4 Conclusion

5 Bibliography

Table of Abbreviations

Abbildung in dieser Leseprobe nicht enthalten

1 Introduction

1.1. Background Information

The Refugee Crisis has come into sharp focus in 2011 owing to a social and political movement which is known as Arab Spring suddenly appeared as a conclusion of unsatisfied millions of people has started to fight for democracy and better life standard against dictatorship governments and poverty over the Middle East and North Africa. Unfortunately, this socio-politic movement has left its place into an unstable and insecure environment and civil wars in most regions. Tens of thousands of refugees from Tunisia and Libya poured into Italy, from which they could pass freely into other nearby European countries and then, it has been maintained by the refugees from Syria and Iraq. The refugee crisis has become one of the most significant issues of the EU which derived from noticeably rising instability and the Syrian Civil War.

As a result, it has been the case since 2014, Turkey was the country hosting the largest refugee population, with 3.7 million at the end of 2018, up from 3.5 million in December 2017. More than 98 percent of the refugees in Turkey were from Syria with 3.6 million making up more than 98 percent of the entire refugee population (The UN Refugee Agency 2018, 8,14)

It is seen that Turkey is a buffer country which protects Europe from the irregular migration and this circumstance had strengthened Turkey’s importance. Thus, these extraordinary developments have revitalized the EU-turkey relations since 2015 through the border security and migration management by fastening membership negotiations and the visa liberalization program. In this context, the main purpose of this paper constitutes recently refreshed the EU-Turkey relations how have just transformed into tensions. It has been taken considerable attention due to the 2013 Readmission Agreement between Turkey and the EU and following the EU-Turkey Settlement of the 2016 afterward, how it turned into the breaking point.

1.2. Research Question

In this paper, the research question has been stated: “Why is Turkey still compelling the EUTurkey Statement in spite of that Turkey has to undertake such a heavy burden?” The essential reason being revealed this question is that Turkey has admitted this deal with the high cost on the condition that a fragile visa liberalization. It has been emphasized that the motivations of visa Liberalization were the most attractive policy-tool.

1.3. Structure of the paper

This study aims to provide a fresh outlook to the effect of Refugee Crisis on the EU-Turkey relations in general and the Visa Liberalization Process in particular. With this motivation, the paper has been divided into four parts including introductory part which in already given briefly; as “how the refugee crisis was relieved and turned into one of the crucial challenges of the EU have faced heretofore.”

The second part examines theoretical framework by applying the “rational institutionalism.” The “cost-benefit analysis” is concerned as a methodology used for this paper in order that explain Turkey’s foreign policy preferences through the process of EU-Turkish relations. Besides, the cost-benefit analysis is not entirely competent to demonstrate the visa conditionality owing to the complex and rough relations between the sides so, it has been facilitated the impact of “domestic political dynamics” and “public opinion” over the visa-free talks.

Third part deals with the empirical part which initially will be start with the concise review regarding an unavoidable relationship between the EU and Turkey will be given rely on the strong and significant ties between them. In the following, it will be summarized significant points about the Readmission Agreement (REA), the Joint Statement on refugees and Turkey’s progress through the benchmarks. Secondly, it will be attempted to express the importance of the Statement for both the EU and Turkey in order to assume that “what the visa obligation means to Turkish people” by the revealing the current visa implementations towards Turkish citizens. And lastly, it will be emphasized the economic dimension of the visa issue.

Finally, the conclusion gives a summary of the results of the analysis undertaken in the other sections, and the research question will be answered.

2 Theoretical Section

Offering the visa liberalization roadmap as a means of a stimulus with the REAs is one of the most significant import strategies of the EU while making common immigration policy. Even though the accession negotiations between Turkey and the EU were maintaining unproductively, the readmission agreement was finally offered to Turkey in 2012 in consideration of visa-free regime. On the other hand, Turkey has made a measurable change in the foreign policy preference upon the proposal of visa-free regime (Kose 2016, p. 11). Furthermore, the “visa conditionality” has been described as one of the most important EU’s strategy instrument while attempting to persuade on the third countries.

In this research paper, the general theoretical framework has been attempted to analyze by “rationalist institutionalism” which is adopted from in the area of international relations and comparative politics (Sedelmeier 2011, 5,6). According to Rationalist Institutionalism, the rational cost-benefit analysis is main reason for the foreign policy preference. Hence, the actors choose the alternative option which maximizes their benefits in given the specific conditions (Schimmelfennig 2012, 12-14). Thus, the rationalist model focus on the utilization of conditionality and the national cost of compliance. The compliance with EU policies could have been provided by means of sanctions which changes the target country’s cost-benefit calculations. Otherwise, the rational state which has been implemented on conditionality that disobeys the rules (Schimmelfennig 2012, p.8).

In this case, the conditionality requires to deal with several states that EU ought to has clear demands and high bargain power, ought to credible, the achievability through an award of the conditionality in short-term (Sedelmeier 2011). Nevertheless, the compliance pressure from the EU has been enhancing via some of the national actors such as elites, civil society or government by changing the structure of opportunity and introducing legal and political sources with the object to maximize the benefits of national actors. In the national level; the affordability of the compliance for political actor costs to a low number of actors which can veto the change in the political area and the administrative capacity which has ability to perform a task.

At last, could we define as a rational preference that Turkey must admit the REA by undertaking comprehensive obligation in respect to the immigration policy on the condition the stimulus of visa liberalization?

2.1. Cost-benefit Analyses

Initially, the EUREAs are the agreements which entail such a heavy and costly burden for the third countries. As a matter of fact, it has been evaluated patently as “Europe centric” and unilateral by several experts (Kruse and Trauner 2008, pp. 24,29). The policy of burden-sharing in the area of illegal immigration and asylum seekers through non-EU countries by the way of the EUREA’s that creates a heavy socio-economic burden that may overextend the labor market and the tolerance of society (Roig and Huddleston 2007, p. 380). Therefore, Turkish authorities have stated that they are worried about the readmission condition may let Turkey turn into a buffer zone for illegal migrants and refused asylum seekers (Soyaltın 2013, pp. 3–4).

Besides, Turkey’s obligations in the area of CMP and JHA has been discussed as well as before the visa liberalization proposal so that Turkey has accomplished a lot of administrative and judicial reforms in the area of immigration and asylum in the framework complies with the EU since 1999. One of the most crucial of these is “The law on Foreigners and International Protection” which came into force in April 2013. Hence, it is seen that the modernization and reform in order to tackle the issues derived from illegal immigration that tend to national interest of Turkey (Şen and Özkorul 2016).

In fact, Turkey has been specifying the time of the reform which has realized in certain periods and, they were maintained even when the chapters suspended in 2006. In this respect, it would be addressed that Turkey has accomplished these reforms due to it is seen as compatible with its national interest (Vukasinovic 2011, p. 162). However, Turkey has fulfilled the reforms in a selective way, whichever of them is suitable for its interest when it prefers to accomplish (Tolay 2012, pp. 39–62).

Meanwhile, there are also several compulsory conditions which have been insisted on not fulfilling by Turkey so far owing to the incompliance related to the national interest and must be accomplished through the visa liberalization roadmap. In addition to all these, it ought to be considered that the costly and heavy burden caused by the mandatory reforms regarding irregular migrants that were specified in the roadmap (European Commission 2016b).

Furthermore, there is a heavy economic burden waits for Turkey on the subject to providing accommodation and living needs, the cost in the allocation of numbers of qualified and educated staff members and, efficient border management. On the other hand, the scope of the EU's financial assistance has not become definite in burden-sharing with Turkey (Delegation of the European Union to Turkey). According to IKV evaluation report, the REA has been examined the disadvantage to Turkey due to the asymmetric structure hence, Turkey will have to undertake an unbalanced obligation related to REAs (Özsöz 2013, p. 8).

Finally, the visa conditionality triggers the public opinion through the cooperation with the EU and ensures to compromise over the obligations simultaneously.

3 Empirical Part

The project of the European Union owing to a strong economy, comprehensive foreign policy and a set of values and ideas has been known as an influential non-state supranational player in the international area since in the last decades. One of the most prominent projects of the EU is the concept of the free movement of persons without borders which has insured by the EU for its citizens.

3.1 A brief overlook through the EU- Turkey relations

The history of EU-Turkey relations had started since the membership application to the European Economic Community (EEC) in 1959 and proceeded with being accepted to Community in 1963. “Turkey remains a key partner for the European Union. Turkey has been linked to the EU by an Association Agreement since 1964 and a Customs Union was established in 1995 (European Commission 2019a, p. 3)”. In the following years, the most important development was that Turkey has obtained the membership statue in Helsinki Summit in 1999 (Saatçioğlu et al. 2019, pp. 1–2). Since Turkey has nominated as a candidate country, it has been hastening variety of political, constitutional and judicial reforms in order to deepen the rule of law and democracy in the coherence with Acquis Communautaire. Meanwhile, since at the beginning of the 2000’s it has been launched the new period where important reforms and changes in domestic and foreign policy has launched. Besides, it has been taken crucial steps in sensitive subjects such as assuring the women rights, expanding the areas of the freedom of thought and speech, ensuring the right of mother tongue education (European Stability Initiative 2016, pp. 2–6).Yet, the negotiations have been launched by enforcing political criteria, it has been interrupted in 2006 on account of Cyprus issue that has led Turkish citizens’ trust was outraged and the ideal of being treated with double standard (Çakır 2011, pp. 38–39). Afterward, the EU’s East enlargement has driven the Union through political and economic transformation and has led to decrease prioritize on enlargement policy which is one of the most important foreign policy tools of the EU. Also, it has been affected adversely by 2008 economic recession. To conclude, Turkey’s membership goal and its accession negotiations had been influenced current political and economic conjuncture in Europe.

Afterward, the uprising movements which demands comprehensibly political change and evolution in the Middle East and North Africa that has intensified the EU- Turkey relations and made it required. Particularly the refugees who inflexed into Europe from Syria that led to the EU revise the relations with Turkey.

3.1.1 What is 2013 Readmission Agreement?

REAs are almost the most vital measure has been taken against the migrations flows. However, the EU has preferred that the obligation regarding protecting its own external borders has externalized by transferring to the third countries with relevant agreements. Meanwhile, the EU has been burdened to the third countries in the framework of the integrated migration management policy, there is merely a few efforts has been made regardless the struggle (fighting) towards the main reason of the issue indeed. Particularly, it is given a low concern on human rights in this process. While the EU was fighting with the irregular immigration, on the other hand, it ought to concentrate on the assistance in the humanitarian intervention and economic development in regard to diminishing this migration (Batır 2017, p. 597).

Turkey has admitted the readmission agreement as a package with the visa liberalization process (Rep. of Turkey Ministry of EU Affairs 2015) which ensures to Turkish citizens (European Commission 2013b). “On 18 March 2018, EU Heads of Government and Turkey agreed [on finalize] the irregular migration from Turkey to the EU with legal channels of resettlement of refugees to the European Union (European Commission 2016a).” The implementation of the Statement stands in need of the greatest part effort of Greece and Turkey. “The EU and Turkey agreed with some points as below that (European Commission 2016a):

- The fulfillment of the visa liberalization roadmap will be accelerated with a view to lifting the visa requirements for Turkish citizens at the latest by the end of June 2016. Turkey will take all the necessary steps to fulfill the remaining requirements.
- The EU will, in close cooperation with Turkey, further speed up the disbursement of the initially allocated €3 billion under the Facility for Refugees in Turkey. Once these resources are about to be used in full, the EU will mobilize additional funding for the Facility up to an additional €3 billion to the end of 2018.
- The EU and Turkey welcomed the ongoing work on the upgrading of the Customs Union.
- The accession process will be re-energized, with Chapter 33 to be opened during the Dutch Presidency of the Council of the European Union and preparatory work on the opening of other chapters to continue at an accelerated pace.
- The EU and Turkey will work to improve humanitarian conditions inside Syria.

Despite the fact, the readmission agreement has come into force, about the visa liberalization has not been recently ensured considerable progress. Whether the promises have given by the EU which not shown, Turkey has a right to rescind.

3.1.2 What is the EU-Turkey Statement?

Migration is one of the critical policy areas has been distinguished by President of the European Commission, Jean-Claude Juncker. The Commission’s agenda on migration entails instant measures to save thousands of migrants’ lives, prevent the business model of smugglers by prevailing an alternative safe legal pathway to the EU. Based on the agenda on migration, Commission is applying coherent internal and external policies with EU countries and institutions, international organizations and, also in coordination and cooperation with third countries particularly with Turkey in the area of migration management (Delegation of the European Union to Turkey).

“The Joint Action Plan and the EU-Turkey Statement, activated on 29 November 2015 and 18 March 2016 respectively, constitute one of the main pillars of the cooperation between the EU and Turkey in the field of migration. JAP and the EU-Turkey Statement rest upon and reflect the following principles:

- Legal safeguards for all new irregular migrants and asylum seekers crossing from Turkey into the Greek islands;
- A “One-for-One” resettlement scheme, as well as a Voluntary Humanitarian Scheme, once irregular crossings between Turkey and the EU are ending or at least have been substantially and sustainably reduced;
- Accelerating the Visa Liberalisation Dialogue provided that all the benchmarks of the VLD Roadmap are met;
- Speeding up the disbursement of funds under the Facility for Refugees in Turkey;
- Accelerating Accession Negotiations; and
- Improving the humanitarian conditions inside Syria. (Delegation of the European Union to Turkey)” (Delegation of the European Union to Turkey).

Moreover, the EU Facility for Refugees in Turkey has been established in order to assists more than 3 million refugees and their host communities.

3.1.2.1 How far turkey has progressed through the benchmarks?

The EU and Turkey have established the VLD are coordinated with the EU-Turkey Readmission Agreement. The main objective of the VLD is demolished the visa requirement currently subjected to Turkish citizens who would like to travel to the Schengen area for a short-term visit. The Roadmap outlines 72 benchmarks under five categoric groups labeled as document security; migration management; public order and security; fundamental rights; and readmission of irregular migrants. According to European Commission visa-free regime 2013 report with Turkey, Turkey has met thus far 66 benchmarks, six of them which are under the name of “public order and security, fundamental rights have not fulfilled yet (European Commission 2013a, p. 3).

Additionally, this substantial progress has been evaluated by the EC that a “full and effective implementation of the readmission agreement and an effective vis-à-vis” process.

3.2. The importance of the Refugee Deal for both the EU and Turkey

“The Roadmap of Visa-Free Regime with Turkey” has required Turkey to implement a series of reforms in the areas of illegal migration control, passport and document security, border management, asylum, fighting against organized crime and corruption, and human rights (European Commission 2013b). Turkey and the EU met on the common ground by considering several beneficial points for both sides. It has the potential to improve relations between two sides, which have been going through a rough period due to Turkey’s stalling EU accession negotiations. One of the focus is the significance of solidarity and cooperation to defeat the common challenges together so, they agreed on the necessity of re-energizing the accession process. Furthermore, Turkey and the EU would work together more closely again and regain trust in each other in the area of illegal immigration, struggling to organize crime, fighting terrorism in order to tackle the current risks and threats in an intensive way to strengthen the European Project. Hence, “Turkey and the EU reaffirm that the fight against terrorism remains a priority” on the EU-Turkey Statement (European Commission 2015, p. 1). The EU deal would resolve the problem of irregular transit migration through Turkey and increase its security by discussing international issues throughout the development of the EU-Turkey relations (European Stability Initiative 2013b, p. 3).

Another focus is closely related to the existence of more than 3.6 million registered refugees in Turkey. Turkey is country that host the largest refugee community in the world with the current numbers (European Commission 2019c, p. 3). Therefore, the EU has committed six billion euro financial assistance to facilitate the refugees settled in Turkey. The EU thus emphasized the importance of burden-sharing within the framework of Turkey-EU cooperation. In addition, “Turkey and the EU have been working on the establishment of a High-Level Economic Dialogue Mechanism which will contribute to further enhancement of economic relations and create a business platform to bring business circles together” (European Commission 2019c, p. 2). By the creation of a High-Level Energy Dialogue and Strategic Energy Cooperation, an exchange of information on energy cooperation at the global and regional level utilizes both sides. The roadmap also embraces more frequent high-level dialogue is crucial to refresh TurkeyEU relations. The two sides agreed to have comprehensive regular political dialogue meetings at Ministerial/High Representative/Commissioner level (European Stability Initiative 2019). In addition to the launching of preparatory steps for upgrading the Customs Union is key priority in EU-Turkey relations. The CU is already signed in 1995 and has made a notable impact in reinforcing the bilateral economic relations. In this regard, called by the Commission, [convey a heading] on human rights and fundamental freedoms in the upgraded Customs Union making human rights and fundamental freedoms a key conditionality (European Parliament 2018, p. 4).

Last but not least, the visa-free regime through Turkish citizens consists of trigger concept of the Deal. In order to reveal “why the conditionality on the visa-free most triggered Turkey into the Statement, we need to primarily know “what the visa obligation means to Turkish people.”

3.2.1 The country has surrounded with papers “Turkey”

The several countries have been implementing the mandatory visa regime towards Turkish citizens. Hence, they must put a considerable effort by sparing time to wait at the consulates, paying the visa application fees when they would like to utilize the services in trade, health, education, visiting. According to the Universal Declaration of Human Rights Article 13; “(1), Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country (Universal Declaration of Human Rights 2015).” However, this quotation conveys the basic question which is “how many people have these rights and has the ability to apply this right?”

The visa requirement has been promoting the current refusal and externalization feelings that have been perceived by Turkish citizens. Compulsive procedures during the application to visa have been evaluated as the wall of paper which prevents humanitarian interaction with the EU public. Also, visa application process is such a long process that requires the numbers and varieties of documents with the high risk of refusal possibility and most of time the visa expires the same day of return ticket. This situation has been let go through the same process again The demand concerning the removal of visa has been expressed by specialized institutions (IKV), the umbrella institutions of business (TOBB) and NGOs. according to these organizations, the visa obligation is a restriction in front of people’s social and cultural interactions. Beyond all of these, this obligation has been remarked as a prominent barrier against fair competition opportunities in the framework of the Customs Union owing to business people from EU can enter to Turkey effortlessly (Nas 2015, p. 180).

3.3.A historical review regardless of the visa requirement towards Turkish people

Turkish citizens are subject to visa obligation for entering Schengen territory since the 1980s (Delegation of the European Union to Turkey). In the conclusion of military coup occurred in Turkey in 1980, asylum applications to European countries have numerously risen. Therefore, notably Germany and soon later other European countries such as France, Belgium, the Netherlands, and Luxembourg have started to implement visa code towards Turkish citizens (Groenendijk and Guild 2011, p. 53). Although some of the EU members have commitment to removing visa agreement bilaterally with Turkey and also, accede to the Council of Europe 1957 which regulates the movement of citizens, European countries have displayed a restrictive manner in this respect since 1970s (Groenendijk and Guild 2011, pp. 22–24). The visa implementation has been launched in a temporary manner, but it has been gradually maintained in a permanent manner by adopting from both western European countries and other member countries until today. On account of, the border management and visa issue had been shifted to second pillar of the EU which is CFSP by Amsterdam Agreement, some of new member states who did not require a visa to Turkish citizen earlier, they have started to a visa implementation to Turkish citizens within programme for alignment with the acquis.

Turkey has pursued its struggle toward removing visa depending upon 41/1 Article of the Additional Protocol 1970 (Akçay 2014, pp. 10–15). According to this article named “Standstill”, if a member state does not implement a visa towards Turkish citizens who travel with the intent of settlement or provide to service in the date of the AP came into force, it has been prohibited that bringing a visa obligation later on. Because of, 11 EU member states had not implemented a visa obligation to Turkish citizens before the AP came into force or joining to the Union, after this date a visa obligation towards who travel with the intent of providing to a service that consists a new restriction in the framework Article 41/1. Thus, this circumstance contradicts to EU acquis (Groenendijk and Guild 2011, p. 80).

Furthermore, according to EU acquis and particularly Article 1/1 of Directive 64/221 and a corresponding decision of ECJ, the freedom to provide service is seen as a bilateral action and it has been specified that both provider and receiving sides benefit (Groenendijk and Guild 2011, p. 20). In this framework, it has been inferred that service receiving Turkish citizens ought not to be implemented by visa. In other words, thousands of Turkish citizens who travel to EU member states every year on the purpose of tourism, education, health that they should not be required with a visa.

1.3.1 A comparison with other candidate countries: Western Balkans

Applying for Schengen visa is always been a time-consuming, high-costed and stressful process. Hence, the EU has offered the visa-free regime as a policy-tool while pursuing the third countries on the readmission agreements (Kose 2016, p. 6). However, Turkey always has been treated distinctly from other candidate countries. Turkey and the EU have discussed the visa issue since 2009 even though Turkey was nominated as a candidate country in 1999. In comparison, the visa liberalization process was offered the countries that had not been even begun the accession talks with the EU (European Stability Initiative 2019).

When it has been thought that it took merely five long years since the EU has promised to launch negotiations with the governments of the Western Balkans on the required reforms in order to abolish the visa obligation (European Stability Initiative 2009, p. 1). In the following, in December 2009, the EU has abolished the visa requirement for short stay towards the citizens. from Macedonia, Montenegro, and Serbia. In December 2010, it has been done the same implementation for the citizens from Albania and Bosnia and Herzegovina (European Stability Initiative 2013a, p. 4).

1.4 Economic dimensions of visa issue

The visa issue has also an economic projection. For instance, when we consider, Turkish citizens had paid in total 235.6 million euro to the consulates EU member states in order to get C type Schengen visa barely in 2009-2014 that it is tough to remove the visa for these states (İktisadi Kalkınma Vakfı 2014). Since 1980, the visa implementation has been institutionalized and gained continuity which creates a facility sector with related varieties of agencies aside from consulates (Nas 2015, p. 1). When the settled interests were created by this sort of process that has considered, the removal of visas has been more challenging in condition of the current economic crisis in Europe and rising skepticism about migrants.

4 Conclusion

To conclude, the refugee crisis has become one of the most significant issues of the EU which derived from noticeably rising instability and Syrian Civil War. It is seen that Turkey is a buffer country which protects Europe from the irregular migration and this circumstance had strengthened Turkey’s importance. The paper has shown the alteration through Turkey – the EU relations. This process has revitalized the EU-turkey relations since 2015 through the border security and migration management by fastening membership negotiations and the visa liberalization program. The paper has found that a willingness on turning the crisis into an opportunity for both side was the main trigger of the EU- Turkey Statement. Enhancing cooperation between them has a considerable positive impact as specified widely above.

This paper set out to determine that “Why is Turkey still compelling the EU-Turkey Statement in spite of that Turkey has to undertake such a heavy burden?” Therefore, it has been examined to examine Turkey’s national interest in the framework of “rational institutionalism” by facilitating the cost-benefit calculations. Moreover, the encouragement from Turkish public ensures that the visa conditionality can enables the cooperation and avoids the compromises at the same time. Due to complicated and long-term relations between the EU and Turkey, the support regarding to EU accession had sharply declined. Hence, lighting visa regime which is perceived one of the discriminatory policies of the EU that has extremely risen public opinion support.

Some enforcements have been done by Turkey particularly, after the coup attempt in 2016 and following the state of emergency that has been criticized as an undemocratic by the Council. PACE has made a decision succeed about re-open monitoring procedure in respect of Turkey on 25th April 2017 (Rep. of Turkey Ministry of Foreign Affairs 2017). In the following, European parliament general assembly has ratified the recommendation letter in respect of suspending membership negotiations with Turkey (Press Release Regarding the European Parliament’s Resolution Regarding 2018 Report on Turkey 2019). Meanwhile, the conjuncture where rising “populism and xenophobia: in the EU member countries even so rising “Eurosceptic discourse” seem that far away the visa-free regime. Hence, Turkish diplomatic authorities have recently addressed on the suspension of the readmission agreement. It would be deduced that demonstrates the visa conditionality let the bilateral trust problem.

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