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1. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:
A. Aslı Bilgin and Pierluigi Simone
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:
Bilateral Relations, Law, European Union, and Citizenship
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

2. Hierarchy of Norms in the Primer Law during the European Contitutionalisation Process

Author:
A. Füsun Arsava
Publication Date:
06-2004
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
The discussion over the proposed derogations regarding the establishment of the United Cyprus Republic on the basis of Annan Plan and its EU membership has been the main motive in writing this paper. Since the acceptance of these derogations as secondary law stipulations could have resulted in a risk of annulment on the basis of their being in breach of primary EU law, some attention was paid to the possibility of accepting them as part of the accession agreement, thus rendering onto them primary law status. In connection with these discussions, this paper discusses the validity of derogations as primary law rules vis-à-vis founding treaties of the Union within the context of hierarchy of different norms in the EU legal system.
Topic:
Law
Political Geography:
Europe and Cyprus