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T.C.

GAZ NVERSTES
SOSYAL BLMLER ENSTTS
LETM
RADYO, TELEVZYON VE SNEMA

EUROPEAN UNION

Hazrlayan
Zulaikha ZUBR

INTRODUCTION
The European Union (EU) today started a long time ago with it first
known with a different name; European Community (EC) after many
changes made in effort to establish a strong and reliable integration
between Europe countries that initially was founded by six countries. Year
after year, a lot of improvement, enlargement in fields and areas also
geographical enlargement, European Union

now stand not just a

representative of countries but as a unity of Europe.


Throughout this articles, explanation on EU history, European Union
Symbols, and the institutions, bodies also the agencies can be found. At
the same time, EU relation with Turkey and the ups and downs through the
process of Turkey accession to EU from the very beginning.

I. EUROPEAN UNION
A. The History
The realization arose after Second World War when European had no
longer hold a superior power in the world, and the United States and
Soviet Union had become superpower leader in economy, politics and
military. After the war, Europe had seen to start looking for a way out to
rebuild their strengths again. The necessity of integration had become
their main focus as it is believed to support many European countries to
regain their strength and a joint collaboration in some aspects will be
beneficial for each country. Later after Cold War, Europe had been divided
into two parts; east and west part; where Soviet Union seen to be in
control on the eastern part. For West European nations, it did not take
much time to realize that such ally would help them to protect their
sovereignty. The Council of Europe is established in 1949; in effort to
reinforce democratic system and protect human right and the rule of law
between member states. The establishment had marked a point of the first
cooperation between European nations. Nevertheless, six distinguished
countries decided to go further.
In 9th May 1950, a French Foreign Minister, Robert Shuman made the
first speech on the process of foundation of the European Community. In
the speech inspired by Jean Monnet, Schuman proposed that France and
Germany and any other European countries to join their coal and steel
resources. The basis of Schuman Plan were simply to place all FrancoGerman coal and steel production under a common High Authority.
Schuman Plan also initially an effort to stop both countries from targeting
each other in war as they both would be benefited from the community. At
the same time, with the creation of High Authority it is a first step toward
European Federation and a first decisive act in the construction of Europe.
(Butler & Archer, 1992).
It was in 18thApril 1951, the Treaty of Paris was signed and
established the European Coal and Steel Community, (ECSC) and entered
into force on 23rd July 1952. The Community was established for a period

of 50 years and expired on 23 rd July 2002. France, Germany, Italy and


Benelux (Belgium, the Netherlands and Luxemburg) are the six countries
that agreed to participate in the treaty and Jean Monnet himself had
become the first President of the High Authority of the European Coal and
Steel Community. In order to manage the ECSC, a supranational was
created; it was an authorization that gives power to governance to take
decision above the nation state. In this matter it was towards the six
countries. A Council of Ministers, a Common Assembly, a High Authority
and a Court of Justice also established in order to legislate, develop ideas
and resolve disputes. In the same year, French Government had proposed
the European Defence Community (EDC) but yet to be aborted in 1954.
The ECSC had seen to be a successful mission for these six countries.
Later in 25th March 1957, European Economic Community (EEC) and
European Atomic Energy Community (Euratom) are established by Treaty
of Rome. The aim of EEC is to create a common market a customs union
plus free movement of capital and labour. Meanwhile Eurotoms goal is to
have a joint development of nuclear energy among member states. These
treaties entered into force on 1 st January 1958. These six countries begin
creating common market between them by removing trade barriers.
On 1st July 1967, these three communities; ECSC, EEC and Euratom
emerged to a single set of institutions that involved European Commission,
European Council and European Parliament. It is done in the Merger Treaty
that signed in Brussels by combining the executives of the European
Communities and thus the communities will have a single Commission and
single Council. At this time the community is known as European
Communities (EC).
The member states welcomed their new members on 1 st January 1973
when Denmark, Ireland and United Kingdom are formally accepted to join
the community. The first election for European Parliament is held later in
1979 and they are elected by the European citizens from these nine
member states. Meanwhile the second enlargement happened when

Greece is accepted to join the community on the 1 st January 1981 and


made up a total number of member states to ten countries.
The third enlargement of European Community (EC) is followed by the
participation of Spain and Portugal in 1 st January 1986. The Single
European Act is launched on 18 th February 1986 in order to make sure that
the people, goods, capital and services can be moved freely among
member states. It came into force on 1st July 1987.
The Treaty of Maastricht also known as Treaty of European Union
(TEU) is signed on 7th February 1992 creating a new name for the
community that later called European Union (EU). It came into force a
year later; giving the European Parliament a power in decision making and
to add new policies in the areas of cooperation. In this treaty new form of
cooperation between defence, justice and home affair issues are
introduced to all the member states. The EU leaders also agreed to create
an Economic and Monetary Union, with a single currency managed by a
European Central Bank, within a decade.
In 1st January 1995, Austria, Finland and Sweden joined the EU.
Europes single currency; euro is officially launched in 1999 with eleven
member states adopting the currency into their official currency. There are
among

Austria,

Belgium,

Finland,

France,

Germany,

Ireland,

Italy,

Luxemburg, the Netherlands, Portugal and Spain. The euro currency


forming what is known euro zone later to be seen being adopted by the
12th country; Greece and on 2002 the euro notes and coins being officially
used in 12 of the 15 countries which are members of the European Union.
On 2nd October 1997, the Treaty of Amsterdam is signed and came
into force on 1st May 1999, while Treaty of Nice came into the force in 1 st
February 2003 after being signed on 26 th February 2001. It amended all
the previous treaties; the aim of these treaties was to preserve the EUs
capacity for effective action in a Union enlarged from 15 to 27 or more
members.

Ten other countries joined the EU later in 2004; including eight


countries from eastern and central Europe. They are Cyprus, the Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and
Slovenia; making it the largest number of accepted member states in the
EU. EU leaders reach agreement on the Constitutional Treaty on 29 th
October 2004, which brings all the previous EU Treaties together in one
document and introduces changes to the way the Union works. EU leaders
argue these changes are needed to ensure that the Union can continue to
operate effectively as it grows. Member States are given two years to
ratify the Constitutional Treaty. As with all EU Treaties, it can only come
into force if it is approved by all twenty five member states.
In 13th December 2007 the Treaty of Lisbon is signed and came into
force on 1st December 2009. It provided the Union with legal framework
and tool necessary to meet future challenge and to respond to citizens
demands. There are; a more democratic and better Europe, a more
efficient Europe, a Europe of rights and values, freedom, solidarity, and
security, and Europe as an actor of global change. In this year also, the
total number of member states become 27 when Bulgaria and Romania
being accepted to join the rest of the member states. It is followed by
Croatia entry to EU on 1st July 2013 making a total number of member
states to 28 countries.

B. European Symbols
As European Union becomes a successful collaboration for over 50
years now, the Union has its own symbol that represents them to the rest
of the world. Symbol such as logo, anthem, flag and even motto are being
used massively and it becomes the identity of the European Union. EU
even declared every 9 May as their Europe Day taking the date of when
Robert Schuman first made a speech on the foundation of European
Community

in

1950.

information/symbols/index_en.htm)

(http://europa.eu/about-eu/basic-

1.

Logo and Flag

The flag and logo was introduced in 1955 upon the establishment of
the Council of Europe. Over the years the flag also being adopted in
European institutions. Then in 1983 the European Parliament adopted the
flag. In 1985 all the EU leaders adopted the flag as the official logo of the
European Union. Now the flag represent not only the European Union but
Europe as a whole. The flag consists of 12 number of stars but does not
represent anything. However the circle shall be represented as a symbol of
unity of Europe.
2.

The European Anthem.

The Council of Europe adopted Ludwig Van" Beethovens piece Ode


to Joy as the anthem in 1972 and later in 1985 it was adopted by the
European leaders as the European Union official anthem. The adopted
music arrangement represents the European ideals of freedom, piece and
solidarity.
3.

The European Moto

United in diversity first introduced in 2000 and since then being


used at European Unions moto. As European Union brings different
countries together, they are also achieving the unity in peace and
prosperity. At the same time, the diversity in cultures, languages and
traditions being enriched and shared amongst all countries.
C.

Accession to European Union (EU).

Presently, there are countries that are still waiting for Europe
Commission to accept their application and the unanimous approval by the
member states to enter the EU. Country such as Turkey, Albania,
Montenegro, Serbia, and the Former Yugoslav Republic of Macedonia has
applied for their entry of the EU and they are being put in the candidate
countries list. In order for those countries to be accepted to join the rest of
EU countries, first they need to abide the accession requirements that sets
up in the Copenhagen Criteria under the Article 6(1) of the Treaty of
European Union. The candidate country must meet three main criteria in
order to be declared as a new Member States. The criteria includes
political, economic and acceptance of the Community acquis (acquis
communautaire).
In political aspect a candidate country must have a stability in
democracy, rule of law, respects in human law and a protection over the
minorities. At the same time, in terms of economy a country should have a
well economic growth in order for her to compete or stand with the rest in
European Union as it is also important for her to be able to adapt to any of
the obligation of membership (acquis communautaire) and accept the EU
law and practice especially regarding political, economic and monetary
union.
Under Article 49 of the Treaty on the European Union, any European
country may apply for membership if it meets a set of criteria established
by the Treaty. In addition, the EU must be able to absorb new members, so
the EU can decide when it is ready to accept a new member. (Morelli,
2013)
The accession criteria will prepare a candidate country before being
accepted formally in European Union. Some country might face longer
accession period in order for her to finally being accepted as a Member
States. The accession then again depending on the unanimous votes by
the Council and also depending to the condition and timing of the
candidates adoptions, implementation and enforcement of all the EU rules

(acquis communautaire) into their national rules. The rules are divided into
35 different policy fields or chapters. For example transport policy,
taxation, justice, freedom and security and customs union.

D. EU Institutions, Bodies, and Agencies.


The integration of European Community had successfully shown a
great venture between all the member states; thus it leads to the Treaty of
Maastricht which results to the changing of the name to European Union.
The integration process was deepened by Maastricht that brought to many
innovations such as further powers of the European Parliament, the
detailed timeline and plans of adoption of the euro and EU citizenship. The
Maastricht Treaty also widened to some major areas; foreign/ defense
policy, the fight against crime and immigration policy.
When European Union was created it was divided into three pillars in
order to compromise with all member states. The

first

pillar,

the

European Community the most important in terms of volume of legislation


and it essentially comprised all the areas of competence that the member
states had agreed to pool previously. (The ECSC, EEC and Euratom).
Second pillar comprised the Common Foreign and Security Policy while the
third pillar comprised of Justice and Home affairs. The difference between
these three pillars is that Pillar 1 (European Community) is supranational
in other words, the EUs institutions have the power to decide on the policy
and the member states are no longer independent. Meanwhile Pillar 2 and
3 are intergovernmental where the member states have the power in
policy decision making.
However, later after the Treaty of Lisbon come into the force in 2009,
it abolished these pillars in order to serve the European Union (EU). By
means, decisions are taken in accordance with a procedure of common
law,

known

as

ordinary

legislative

procedure.

Nonetheless,

the

intergovernmental method still being used and applied in the Common


Foreign and Security Policy and although the EU has the say on justice and
internal affairs, some of the matters relating to police and judicial
cooperation are being in charge by the Member states giving them power
to conduct a procedure.
European Union may have not work efficiently if it is not because of a
very well structured institutions, bodies and agencies that being put under
it. It is to make sure that the Union can be run effectively and making sure
that all of the member states will be benefited in every area of
cooperation. Therefore, European Parliament, European Council, Council of
the EU, and European Commission has its own function. So does all of the
institutions such as Court of Justice of the EU, European Central Bank,
European Court of Auditors. For the support to the EU institutions are the
European Economic and Social Committee, European Investment Bank,
and the Committee of the Regions.
European Parliament, European Council and European Commission
are the institutions that involve in making decision.

Generally the

European Commission propose new laws and it is the European Parliament


and Council that adopt them, while the member states and the
Commission will later to implement them. As for the European Council they
are function to lead the political direction of the EU but not to exercise
legislative functions.
1.

European Parliament

Members of the European Parliament (MEPs) are directly elected by


EU citizens to represent their interest. The Elections are held every 5 years
and all the EU citizens from each member states age over 18 years old (16
in Austria) are entitled to vote. So far the Parliament has 751 MEPs from all
28 member states. The official seat of the European Parliament is in
Strasbourg, France besides the institution has other places of work, which
is in Brussels, and Luxembourg including Strasbourg itself. The main
meeting of the whole Parliament known as plenary sessions take place in

Strasbourg

12 times per year. Some in Brussels and so does the

Committee meetings.
The roles of European Parliament are; (1) to legislate which to pass
laws. It shares the power with the Council. Other role is that (2) it exercises
democratic supervision over all EU institution, and in particular the
Commission and Commissioners and the right to censure the Commission
as a whole. Besides the European Parliament also (3) shares authority with
the Council over the EU budget and can therefore influence EU spending.
At the end of the budget procedure, it adopts or rejects the budget in its
entirety.
Martin Schulz was elected as the President of European Parliament in
2012. He was chosen from among the Parliament members.

The

Parliament elects its President for 2 year and half term. The President
represents the Parliament to the other EU institutions as well as to the
outside world and being assisted by 14 Vice Presidents. Parliaments
President will work together with the President of the Council, in signing all
legislative acts once they are adopted.

2.

European Council

Basically European Council is a group of Head of state or government


of the EU member states. They are often confused with the Council which
is consists of other ministers. The European Council is where the President
of Council, President of Commission and Prime ministers of member state
meet in the meeting and they are the highest level policymaking body in
the EU. The current President of European Council is Herman Van Rompuy.
The meeting held among European Council is called Summit and they
meet every four times a year to give the EU as a whole general political
direction and priorities. The High Representative of the Union for Foreign

Affairs and Security Policy also takes part in the work of the European
Council.
At their meetings, the leaders decide by consensus on the overall
direction and priorities of the Union, and provide the necessary impetus for
its development. The European Council does not adopt legislation. At the
end of each meeting it issues conclusions, which reflect the main
messages resulting from the discussions and take stock of the decisions
taken, also as regards their follow-up. The conclusions identify major
issues to be dealt with by the Council, i.e. the meetings of ministers. They
may also invite the European Commission to come forward with proposals
addressing a particular challenge or opportunity facing the Union.
European Council meetings as a rule take place at least twice every 6
months. Additional (extraordinary or informal) meetings may be called to
address urgent issues in need of decisions at the highest level, for
example in economic affairs or foreign policy.
The European Council takes most of its decisions by consensus. In a
number of cases, however, qualified majority applies, such as the election
of its President, and the appointment of the Commission and of the High
Representative of the Union for Foreign Affairs and Security Policy. When
the European Council decides by vote, only the Heads of State or
Government may cast a vote.
3.

The Council (The Council of Ministers)

It consists of ministers of member states; their role is to decide on the


policies and adopting the legislation. In the Council meeting, they meet to
discuss EU matters, take decisions and pass laws. The ministers who
represent the government of their state have the authority to commit their
government to the actions agreed in the Councils meeting. The Council is
the EU decision maker. The meeting of the Council is to discuss, agree,
amend and finally adopt legislation; coordinate the member states
policies; to define the EUs foreign policy.
Unlike the President of the European Council, the Presidency of the
Council rotates between the member states every six months. The

President is responsible to organize and chair the different Council


meetings. Except for the Foreign Affairs Council is chaired by the High
Representative of the Union for Foreign Affairs and Security Policy, who
carries out foreign policy on behalf of the Council. In the continuity of
Council business; the six monthly Presidencies work together closely in
groups of three. These three Presidency team (trios), draw up a joint
programme of Council work over an 18 month period.
In the Council meeting, the minister who comes for the meeting is
determined by the agenda of the meeting. For example, if the meeting is
regarding the environmental issue, the meeting will be attended by the
minister of environment by each of member states. There are five keys
responsibilities that put under the authority of the Council; there are (1) to
pass European laws in most fields, it legislates jointly with the European
Parliament, (2) to coordinate the member states policies, for example in
the economic field, (3) to develop the EUs common foreign and security
policy based on the guidelines set by the European Council, (4) to
conclude international agreements between the EU and one or more states
or international organizations, and (5) to adopt the EUs budget, jointly
with the European Parliament.
The Council of Ministers are assisted by COREPER (Committee of
Permanent Representatives) that helps to brief their ministers. Each
Member State has its own national delegation (COREPER) in Brussels
which acts as a sort of embassy to the EU. Their job is to prepare the work
of the Council and to carry out tasks assigned to it by the Council.
COREPER are split into two parts, COREPER 2 made up of the Permanent
Ambassadors who deal primarily with the big political, institutional, and
budgetary issues while COREPER 1 led by deputy ambassadors who deal
with other issues. (Bomberg & Stubb, 2003).
4.

The European Commission

European Commission consists of 28 commissioners representing


every Member State and as one of the institutions that serves in EU,

European Commission will have to make sure that all Member States will
abide the legislations made in the EU. The main role of European
Commission is to come with the proposal of new laws before the
Parliament and the Council adopts them. Besides, European Commission
also acts as EUs external representative in trade relations involving
agreement between European Union with other countries.
European Commission also manages the EUs budget and allocating
funding to the Member States.

Other than these roles, European

Commission roles in enforcing the EU law together with the European


Court of Justice.
The President of European Commission is nominated by European
Council. Currently the President of European Commission is Jean-Claude
Junker. Meanwhile the Commissioners are elected within the agreement of
the President of European Commission and the Council. Both appointment
of the President and Commissioners will have to get an approval from the
European Parliament and their position can be dismissed by the European
Parliament under certain circumstances. The European Commissions
office

based

in

Brussels

and

Luxemburg

and

also

has

its

own

representative office in each of the EU country.


5.

The European Court of Justice

European Court of Justice was established back in 1952 and based in


Luxemburg. The role is to make sure that all Member states countries
applied the same EU law and to settle any legal issue between EU
governments and EU institutions.
In European Court of Justice, there are two separate courts that help
the court to deal with a large number of cases. General court deals with
cases

involving

individual

(citizens

of

EU),

companies

and

some

organizations and also cases relating to competition law. Meanwhile, EU


Civil Service Tribunal deals rule disputes between EU and its staff.

Every Member State sends one Judge from their country along with
nine Advocates Generals. However, the judge should not represent the
national government instead needs to stay neutral in her or his views. The
Advocates General helped the court by presenting independent opinions
on all cases that brought before the Court. Each Judge and Advocates
General will serve in Court of Justice within a six years term, and their
position can be renewed. The governments of each EU country get to
decide on whom they want to appoint.
6.

The European Court of Audit

It was set up in 1975 and based in Luxembourg. The role is to manage


EU financial by auditing the finances and by monitoring the use of public
funds. The Court of Audit has the right to do on the spot check on
individual or organization that handles EU funds and submits the report to
the European Commission or EU national governments. The Court of Audit
can give opinion on EU financial legislation and to help fight fraud.
However, if there is any case of fraud or misuse of monetary the Court of
Audit does not have the right to charge instead they will refer the case to
OLAF the European Anti Fraud Office. Besides, the European Court of
Audit also responsible in presenting the annual budget from previous
financial year to the European Parliament and the Council. Parliament will
examine the Courts report before deciding whether or not to approve the
way in which the Commission had handled the budget.
The Court of Audit also makes frequent inspections in EU institutions,
member countries and countries that receive EU aid. The Council of each
EU country will appoint one member for the Court for a term of six years
and the appointment can be renewed. Members of Court will elect a
President among them for three years term and also can be renewed. In
January 2008, Vitor Manuel da Silva Caldeira from Portugal was elected as
President.
7.

The European Central Bank

The European Central Bank is completely an independent institution


in the sense that it does not have any political link or influence unlike the
three EU main institutions (European Parliament, European Commission
and European Council). The establishment in 1998 is part of the
preparations for the launch of European single currency, the euro and
being launched virtually in 1999 and later came into reality in notes and
coins form by 2002.
The European Central Bank must to ensure that the single currency
functions well and the inflation between countries who adopts the
currency is low. So far there are 18 EU countries already adopting the euro
currency, among them are Germany, Spain, Italy, France, Portugal, Greece,
Netherland, Belgium, Luxembourg, Austria, Finland, Ireland, Estonia,
Cyprus, Slovakia, Slovenia, Latvia and Malta. The countries who adopt to
the usage of euro currency collectively known as the Eurozone.
Like other EU institution, the ECB (European Central Bank) has an
Executive Board that consists of President, Vice President, and four
independent experts, appointed by the Council of Ministers for eight years
of non renewable terms. Besides, ECB also has its Governing Council that
consists of the members of the Executive Board, plus the governors of the
central banks of each participating Member States.
The ECB also cooperating with the EU countries that does not yet
adopt to the euro single currency due to certain reasons, whether they do
not want to adopt to it or the country still not yet meet the criteria for
membership. The cooperation takes place in the European System of
Central Banks (ESCB) that brings all of the governors of the central bank of
every EU countries.
Besides these EU institutions, there are also inter-institutional bodies
that support EU in specialised areas; there are:

the European External Action Service (EEAS) assists the High


Representative of the Union for Foreign Affairs and Security
Policy, currently Catherine Ashton. She chairs the Foreign

Affairs Council and conducts the common foreign and security


policy, also ensuring the consistency and coordination of the

EU's external action.


the European Economic and Social Committee represents civil

society, employers and employees


the Committee of the Regions represents regional and local

authorities
the European Investment Bank finances EU investment
projects and helps small businesses through the European

Investment Fund
the European Ombudsman investigates complaints about

maladministration by EU institutions and bodies


the European Data Protection Supervisor safeguards the

privacy of peoples personal data


the Publications Office publishes information about the EU
the European Personnel Selection Office recruits staff for the

EU institutions and other bodies


the European School of Administration provides training in

specific areas for members of EU staff


a host of specialised agencies and decentralised bodies
handle a range of technical, scientific and management
tasks.

(//europa.eu/about-eu/institutions-bodies/index_en.htm)

II. EU AND TURKEY


A.
The History
On 31 July 1959, Turkey made their first attempt to seek for close
cooperation with Europe through European Economy Community (EEC).
Later Turkey signed an agreement called Ankara Agreement in 12
September 1963 with the EEC in effort to secure the relationship and
cooperation with Europe by the establishment of a Customs Union as an
associate member and later hope for full membership. The agreement
comes into force in 1 December 1964.

In this plan Turkey wants to benefit from being able to trade good
and agricultural products with the EEC countries without having any
restriction. With Ankara Agreement, Turkey also expected to improve her
economy and living conditions of her people hence to reduce the
disparity

between

Turkish

economy

and

(http://www.avrupa.info.tr/eu-and-turkey/history.html).

the

Community.
According

to

Article 2 of the Ankara Agreement, the EEC-Turkey partnership consisted


of three stage.
1. The preparatory stage begun as the Ankara Agreement
entered into force on 1 December 1964 ended when the
Additional Protocol took effect on 1 January 1973;
2. The transitional stage governed by this Protocol was completed
in 22 years, when Customs Union became operational on 31
December 1995 in compliance with the provision of the
Additional Protocol.
3. The final stage was expected to be based on the Customs
Union and the strengthening of coordination in economic policies
as well as the conclusion of full membership condition between
the parties.(Neuwahl & Kabaaliolu, 2006)
Later in 13 November 1970, The Additional Protocol being
implemented by Turkey in order to establish Customs Union. In the
protocol, the EEC would abolish tariff and quantitative barriers to its
imports from Turkey upon the entry into force of the Protocol, whereas
Turkey would do the same and this called for the harmonisation of
Turkish legislation with the EU in economic matters.
In 14 April 1987, Turkey fnally submitted application to EU to full
membership after Turkey relationship with EEC were put to suspension
due to the military intervention on 12 September 1980. The application
for full membership in now based on Turkeys eligibility to join EU under
the Treaty of Rome through the normal procedures. The Council
forwarded Turkeys application to the Commission for the preparation of
an opinion. (http://www.abgs.gov.tr/index.php?p=111&l=2)
However, Turkey status to join the rest of the member States in EU
remained stagnant due to the decision that made by the European

Commission to not accept any new member until 1993. In 1 January


1996, the Customs Union between Turkey and EU takes effect.
EU recognised Turkey as their candidate member during the
Helsinki Council Summit in 1999 but asserted that Turkey still needed to
comply sufficiently with the EUs political and economic criteria before
accession talks could begin. Later after that, on 8 March 2001 the EU
Commission started to prepare an Accession Partnership for Turkey, and
Turkish government announced its own National Program for the
adoption of the acquis (NPAA) in 19 March 2001. To fulfil the
requirement Turkey must carry out political, judiciary, economic and
structural reforms under the Copenhagen Criteria.
It is only in 3 October 2005, EU decided to start accession
negotiation with Turkey where the adaptation and implementation of the
EU body of law knows as acquis should be adapted into Turkey national
laws. The acquis which consists of 35 chapters needs to be adapted by
Turkish government as a candidate country which means that Turkey
needs to make a change in its national laws to harmonize with the EU
laws in terms of almost all sectors in the country from environmental to
the judiciary, from transportation to agriculture and across all section of
population. However as a candidate country Turkey cannot negotiate on
the

acquis

communautaire

and

must

adopt

to

every

chapter.

(http://www.avrupa.info.tr/eu-and-turkey/accession-negotiations.html)

B.
Turkeys laws harmonization with the EU laws
In order for Turkey to gain and convince other Member States and
EU as a whole, a lot of efforts should be put forward in harmonizing its
national laws with the EU laws. The accession negotiation may take
longer time for Turkey to adapt, implement and enforce its national laws
as it involves all sectors.
As we already know that two main fundamental elements that need
to be carried out during the accession negotiation (to adapt to
Copenhagen Criteria and to apply the EU acquis) Turkey also needs to
deal with the public by arranging a dialogue with a civil society. This not
only targeting Turkish public but also to the European public. These
elements effort being coordinated by the Ministry of EU Affairs which

Turkey represented by Volkan Bozkr. (http://www.abgs.gov.tr/index.php?


p=42266&l=2)
There are three fundamental aspects that carried out in the
negotiation process; first Copenhagen political Criteria needs to be
fulfilled and Turkey need to assimilate and speed out their political
reform. Second, as a candidate country Turkey need to apply all the EU
acquis.
These are the EU acquis that has been categorized individually into
35 chapters.
EU ACQUIS COMMUNAUTAIRE
(35 CHAPTERS)
Free Movement of Goods
Free Movement of Workers
Right of Established and Freedom to provide Services
Free Movement of Capital
Public Procurement
Company Law
Intellectual Property Law
Competition Policy
Financial Services
Information Society and Media
Agricultural and Rural Development
Food Safety, Veterinary and Phytosanitary Policy
Fisheries
Transport Policy
Energy
Taxation
Economic and Monetary Policy
Statistics
Social Policy and Employment
Enterprise and Industrial Policy
Trans-European Networks
Regional Policy and Coordination of Structural Elements
Judiciary and Fundamental Rights
Justice, Freedom and Security
Science and Research
Education and Culture
Environment
Consumer and Health Protection
Customs Union
External Relations
Foreign, Security and Defense Policy
Financial Control
Financial and Budgetary Provisions
Institutions

Other issues
The accession negotiation started with the first stage called the
screening. In this process the EU Commissions together with candidate
country (in this case, Turkey) will work on examination of each chapter.
Screening process will provide the information on the legislation of the
acquis, determine the differences between EU legislation and candidate
country and a broad calendar of the accession process and the potential
obstacles

that

may

get

in

the

way

throughout

the

process

of

harmonisation.
As in for Turkey, EU has so far opened for negotiation for 13 chapters
with one of them provisionally closed in 12 June 2006; it was Chapter 25
regarding Science and Research. Other chapters are; Free Movement of
Capital (C.4), Company Law (C.6), Intellectual Property Law (C.7),
Information, Society and Media (C.10), Food Safety, Veterinary and
Phytosanitary Policy (C.12), Taxation (C.16), Statistics (C.18), Enterprise
and Industrial Policy (C.20), Trans-European Networks (C.21), Environment
(C.27), Consumer and Heath Protection (C.28), and Financial Control
(C.32). (http://www.mfa.gov.tr/relations-between-turkey-and-the-europeanunion.en.mfa)
However, Turkey is facing blockages on some chapters by France and
Greece thou due certain political conditions. Turkeys action to not
recognise Cyprus as EU Member States during the conflict of 1974. During
the conflict Turkey chose to recognise only the Turkish Republic of Northern
Cyprus where it continues to maintain troops. Later in 2004 after Cyrus
joined EU, Turkey and the EU agreed an Additional Protocol to the EUTurkey Association Agreement (including the Customs Union) to the EUs
new Member States, including Cyprus.
Most importantly, the Additional Protocol obliged Turkey to allow free movement of
goods from Cyprus, and thus to open its ports and airports to Cypriot traffic. However, Turkey
has not implemented the Additional Protocol. In December 2006 the EU decided as a
consequence that it would not close any further negotiating chapters with Turkey, nor open

negotiations on eight chapters directly related to the Customs Union. Cyprus is also
unilaterally blocking the opening of negotiations with Turkey on a further six chapters,
including the chapter on energy.
While French President Nicholas Sarkozy under his leadership is blocking the
negotiation on five chapters. Despite French President Nicholas Sarkozy's repeated conviction
that "Turkey has no place in Europe", France agreed that the EU should go ahead with
membership talks in two further areas, statistics and financial control. A government
spokesperson told EurActiv that this was not a sign that France had changed its mind, but that
it wants to pursue good relations with Turkey. (http://www.euractiv.com/enlargement/turkisheu-talks-partially-blocked-france/article-164937)
1.
Chapter 7: Intellectual Property Law
Chapter on Intellectual Property Law is opened for negotiation between EU and Turkey
on 17 June 2008. In this chapter there are two sub headings as copyrights and industrial
property rights. As for copyrights legislation aiming at protecting the rights of right holders
creating all kinds of intellectual and artistic Works, as well as the neighbouring rights (related
rights) of performers, radio and television broadcasters and film producers.
Meanwhile industrial property rights is a legislation related with trademarks, patents,
designs, utility models, biotechnological products and supplementary protection certificates.
Turkeys alignment obligation stems from the Association Council Decision No 1/95 on
Customs Union. (http://www.abgs.gov.tr/index.php?p=72&l=2)
2.
Chapter 10: Information, Society and Media
In 19 September 2008 this chapter is opened for negotiation along with other chapter on
Free Movement of Capital. It includes provisions regarding the establishment and effective
functioning of an internal market in the fields of audio-visual media services and electronic
communication networks and services.
In Information Society, the Electronic Communications Law no. 5809 was enacted in
order to align with the New Regulatory Framework that is the basic EU acquis in this field.
The Universal Service Law no. 5369 was enacted in order to align with certain aspects of the
Universal Service Directive. As a result of fast progress achieved in 2010, 11 new regulations
are enacted based on these laws like, "Consumer Rights Regulations in Telecommunication
Sector", "Authorisation Regulation in Communication Sector", "Regulation on Number
Portability" and "Regulation on Access and Interconnection".

While in media field Turkey has come out with a plan related with the opening criteria
of the chapter that is prepared and submitted to the European Commission. It aims to create
the coherence in the national in the national regulatory framework with the free flow of
broadcasting and to increase the independence and administrative capacity of Turkish
regulatory authority in media field (RTK) based on the definitions in "Television without
Frontiers Directive. "The Law on the Establishment and Broadcast Services of Radio and
Televisions" is enacted in 3 March 2011. The related by-laws are enacted as well.
(http://www.abgs.gov.tr/index.php?p=75&l=2)

CONCLUSION
In order for Turkey to harmonise its national legislation with EU legislation and
simultaneously to fulfil the Copenhagen Criteria as a candidate member, they need to work a
lot. Turkey has to bear with the fact that during the negotiation process it will encounter with
of a lot EUs interference in foreign policies as well. This also comes with the pressure from
EU to align Turkeys policies with the EU from the very beginning.
Turkey needs to prove that they will take every necessary step and will comply with
every rule and requirement from EU in order to finally become a new Member State. Turkey
also holds responsible to persuade EU public also to inform the Turkish public about the scale
and cost of the changes needed to meet EUs requirement and make the public aware that
negotiation may be last a longer period than expected and will require a consistent strategy
over lengthy period of time.
However as this negotiation not only depending on Turkey efforts in succeeding their
mission, EU also play a role in making sure Turkey will be accepted eventually by not seeing
Turkey participation as a threat. EU needs to work together with Turkey on reforms and make
membership conditions clear without treating Turkey any different from other candidate
states. EU should help Turkey in improving its image in Europe by preparing European
opinion for Turkish membership to all Member States.

REFERENCES
Bomberg, E & Stubb, A. (2003), The European Union: How Does it Work?
United States, Oxford University Press Inc.
Lainer, S, zcan, M. & Bal, I.(2005), European Union with Turkey, The
Possible Impact of Turkeys Membership On the European Union, Ankara,
ISRO Publication.
Warleigh, A. (2004), European Union, The basics, USA, Routledge.
Neuwahl, N. & Kabaaliolu, H. (2006), European Union and Turkey:
Reflection on the Prospects for Membership, Lito Printing House.
Archer, C. & Butler, F. (1992), The European Union, Structure & Process,
2nd Edition, Great Britain, Biddles Ltd.

Accession Negotiation, Retrieved on 12 December 2014 from


(http://www.avrupa.info.tr/eu-and-turkey/accession-negotiations.html)
EU Symbols, Retrieved on 10 December 2014 from
http://europa.eu/about-eu/basic-information/symbols/index_en.htm
EU Institutions and other bodies, Retrieved on 10 December 2014 from
(//europa.eu/about-eu/institutions-bodies/index_en.htm)
EU and Turkey: History, Retrieved on 10 December 2014 from
(http://www.avrupa.info.tr/eu-and-turkey/history.html)
Intellectual Property Law, Retrieved on 17 December 2014 from
http://www.abgs.gov.tr/index.php?p=72&l=2
Information Society and Media, Retrieved on 17 December 2014 from
http://www.abgs.gov.tr/index.php?p=75&l=2
Morelli, V.L. European Union Enlargement: A Status Report on Turkeys
Accession Negotiations, 5 August 2013, retrieved on 15 December 2014
from
http://www.ab.gov.tr/files/ardb/evt/2_turkiye_ab_iliskileri/2_2_adaylik_sur
eci/2_2_8_diger/crs_eu_enlargement_tr_2013.pdf
Ministry of EU affairs, Retrieved on 16 December 2014 from
(http://www.abgs.gov.tr/index.php?p=42266&l=2)
Turkey EU talks partially blocked by France, Retrieved on 17 December
2014 from http://www.euractiv.com/enlargement/turkish-eu-talkspartially-blocked-france/article-164937