Holding the Door Half (?) Open: the EU and Turkey 10 years on

A decade of accession negotiations with the EU has not brought Turkey significantly closer to EU membership. In part the reasons lie with Turkey. This article, however, explores the position of the EU and the ‘supply-side’ of enlargement. It reflects on developments in how the EU has engaged with Turkey on the question of membership, situating Turkey’s candidacy and the EU’s position within the broader comparative context of how the process and politics of EU enlargement have evolved over the last ten years. It focuses on a set of supply-side variables that are key to determining the progress that applicants can make towards membership: member state preferences, the activism of supranational institutional actors, the EU’s integration capacity, public opinion in the EU towards enlargement, and the narratives deployed in justification of enlargement. The article also considers the state of Turkey’s accession negotiations and how they have been and potentially will be affected, assuming they are meaningfully revived, by the evolving nature and substance of EU accession negotiations more generally and EU’s approach to conditionality.

EU Criminal Law and Enlargement

Since creation of the European Communities the number of Member States has gradually increased from the original six to current twenty-eight. Enlargement has become an EU’s flagship external policy, demonstrating the EU’s ability to shape its neighbourhood and to serve as a catalyst of deep and multilayered reforms. The consecutive seven enlargement rounds went in parallel with widespread internal developments, culminating with the creation of the European Union and, most recently, entry into force of the Treaty of Lisbon. As this volume demonstrates, EU criminal law has evolved considerably from its early days under the legal framework laid down by the Treaty of Maastricht to its current post-Lisbon shape. On 1 December 2014, that is with expiry of a five year transitional regime for the jurisdiction of the Court of Justice, Police and Judicial Co-operation in Criminal Matters became a fully fledged EU policy, governed largely by the same modus operandi as other areas of EU competence and with compulsory jurisdiction of the Court of Justice. As EU criminal law developed internally, so did its external dimension, including the role it plays in the enlargement policy. In case of the latter the expiry of the same transitional period has brought to an end a rather anomalous situation whereby the European Union had more enforcement tools before and after accession vis-à-vis its future/new Member States than it could employ against the old ones. This bifurcation, quite rightly, triggered a lot of discussions about double standards used by the European Union in its pre-accession policy. This is exacerbated by the fact that some of those standards are neither defined in EU law, nor pursued vis-à-vis the existing EU’s Member States. The aim of this chapter is to demonstrate that evolution with particular emphasis on the role of EU Criminal Law in the policy currently employed by the European Union vis-à-vis candidate and potential candidate countries of the Western Balkans and to Turkey. Arguably, together with political conditionality, it has become one of the pillars of the enlargement process and, as the examples of accession negotiations with Montenegro and Serbia prove, its role is likely to increase as rapprochement of other candidates and potential candidates progresses to the next stages.

Social Policy Reforms in Turkey : Uses of Europe

Ce mémoire analyse trois réformes majeures de politique sociale en Turquie, en deux domaines: emploi et sécurité social. En utilisant l'approche "Usage de l'Europe", ce mémoire developpe une analyse empirique et apporte une explication théorique de ces changements qui ont été introduits au cours du processus d'adhésion de la Turquie à l'Union européenne. "Les usages de l'Europe" est une approche d'européanisation qui se concentre sur le rôle des acteurs domestiques, au sein des États membres et candidats, ainsi que de leur utilisation des ressources de l'Union européenne. Les études de cas utilisées dans cette thèse démontrent l'introduction de changements au niveau de l'État-providence; ainsi, l'approche originelle est suppléée par des concepts provenant de la littérature sur la politique partisane, les institutions formelles et l'héritage des politiques. Cette recherche utilise la méthode de l'analyse de processus pour suivre la réforme des règlements du travail par la voie de reconstitution des droits individuels des travailleurs et de l'Agence d'emploi en Turquie jusqu'en 2003, ainsi que la transformation du système de sécurité sociale en 2008. Ces trois réformes représentent des changements majeurs tant sur le plan institutionnel que politique en Turquie depuis 2001. Afin de comprendre "les usages de l'Europe" dans ces réformes politiques, l'analyse empirique questionne, si, quand et comment les acteurs turcs ont utilisé les ressources, les références et les développements politiques de l'Union européenne lors de ce processus dynamique de réforme. Les réformes du système de sécurité sociale, des règlements du travail, en plus de la reconstitution de l'Agence d'emploi étaient à l'ordre du jour en Turquie depuis les années 1990. La réforme des règlements du travail ont entraîné l'introduction des accommodements flexibles au travail et une révision de la Loi du travail permettant l'établissement d'une législation de la sécurité d'emploi. La reconstitution de l'Agence d'emploi visait à remplacer la vieille institution défunte par une institution moderne afin d'introduire des politiques d'activation. La réforme de sécurité sociale comprend les pensions de retraite, le système de santé ainsi que l'administration des institutions de sécurité sociale. Les principaux résultats révèlent que la provision des ressources de l'Union européenne en Turquie a augmenté à partir de la reconnaissance de sa candidature en 1999 et ce, jusqu'au lancement des négociations pour son adhésion en 2005; ce qui fut une occasion favorable pour les acteurs domestiques impliqués dans les processus de réformes. Cependant, à l'encontre de certaines attentes originelles de l'approche de "les usages de l'Europe", les résultats de cette recherche démontrent que le temps et le sort de "les usages de l'Europe" dépendent des intérêts des acteurs domestiques, ainsi de leurs stratégies tout au long de ce processus de réforme, plutôt que des phases du processus ou la quantité des ressources fournies par l'Union européenne.

The Kurdish conflict: international humanitarian law and post-conflict mechanisms

This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey’s EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to address fully the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘war on terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland. This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.

Central Europe in the Process of European Integration. A Comparative Study of the Strategies of the Czech Republic, Hungary, Poland and Slovakia towards the Deepening and Widening of the European Union

Membership of the European Union U is usually seen as a strategic goal of the associated states of central and eastern Europe. At the beginning of the 1990s central European countries, where the economic and political transformation was relatively advanced, received preferential treatment from the European Community, which was starting to evolve a policy of differentiation. Podraza studied the strategies of four central European countries towards changes under way in the European Union, analysing several aspects for each case: (1) the process of political transformation (2) decision-making structures in the field of foreign policy and European integration (3) integration strategies: (a) main foreign policy priorities (b) application for membership of the European Union (c) the Commission option on each country (d) accession partnership, including a National Programme for the Adoption of the Acquis (NPAA) (e) regular Commission reports (f) accession negotiations

Turkey's boycott of the Cyprus EU presidency: context, meaning and its consequences. EU Centre in Singapore Working Paper No. 9, September 2012

In 2011 Turkish officials began indicating their intention to suspend all contact with Cyprus’s presidency of the Council of the European Union (EU), slated for the second half of 2012, given the issues surrounding the unresolved Cyprus conflict. This came as the latest development in a long and arduous path of Turkey’s application for EU membership that began in 1987. This paper provides the context – the Cyprus conflict, Turkey’s EU accession negotiations, and the Cyprus reunification talks – in understanding the reasons and consequences of Ankara’s boycott of the Cyprus presidency. The article also considers the evolving nature and the role of the rotating presidency of the Council of the EU, especially after the implementation of the Lisbon Treaty, and how this may have played into Turkey’s calculations in calling for the boycott.

Greece and the European Agenda: EU Enlargement and European Monetary Union. Program for the Study of Germany & Europe Working Paper 8.2

In the decade to come, the European Union will embark on two new projects, each destined to transform it in fundamental ways: (i) Eastern enlargement, and (ii) economic and monetary union. Neither of these projects will affect all members equally or in the same way. But Greece will, for two reasons, be affected in a manner qualitatively different to all other member states. First, Greece is the only country physically affected by the Luxembourg Summit's decision to begin accession negotiations with some, but not all, Central and Eastern European applicant countries: as a result of this decision, she will continue, for at least another eight to ten years, to be the only member country not to share a common border with another member state, with all the consequent implications in economic and geostrategic tenns. Second, when the European Council meets in early May to select those member states that are deemed to have met the convergence criteria, it will find that Greece is the only member state falling short of those criteria. This development may create additional difficulties for her economy during the transitional period of derogation. It will also pose new risks to Greece, insofar as she will be absent during the initial-and crucial-years of establishing a common monetary policy.

Enlargement Agenda - Special focus on Macedonia, Serbia and Kosovo. CEPS Commentary, 27 March 2013

This CEPS Commentary notes that this is a critical time for the EU’s enlargement agenda with competing interests at play – between those who suggest that further enlargement is a heavy burden that the EU can ill afford in the current economic climate, and others who continue to believe that extending the frontiers of peace and security to include the Balkan countries will make the EU a safer place. To counter the naysayers, Erwan Fouéré underlines the importance for the EU to show that its current strategy continues to deliver dividends, as it certainly does in the case of Kosovo and Serbia. He further advises the EU to be ready to adapt its strategy where necessary, as in the case of Macedonia, by using whatever leverage it has in a more direct and consistent way and ensuring that its policy objectives and strategy in this area are based on the progress assessment narrative and not the other way around. In his view, opening accession negotiations with Macedonia will be the only way to prevent the country from sinking into further political instability.

Macedonia - A country in crisis. CEPS Policy Brief No. 299, 13 September 2013

Macedonia is a country in deep trouble. There is a climate of mistrust between all the political parties; intolerance of minority groups is increasing and fear is also generated by the all-pervasive control of the main governing party. In 2009 the European Commission recommended that a date be set for accession negotiations to start, but since then the country's efforts to join the EU (and NATO) have been blocked. Author Erwan Fouéré sets out ten clear recommendations for both Macedonia and the EU on the way forward.

Why the EU must reengage with Turkey. EPC Commentary, 29 September 2014

Democratic values and basic rights in Turkey are hanging by a thread. Over the past eighteen months the rule of law, civil liberties and freedoms have been eroded which has left many Turks anxious over the direction in which their country is heading. With Turkey’s accession negotiations de facto frozen, the EU finds itself with little leverage over Ankara. Calls of concern have fallen on deaf ears as Turkey’s leadership has become increasingly belligerent, with its EU related narrative overflowing with resentment. Because Turkey’s accession negotiations are irreversibly intertwined with Turkey-EU cooperation in other areas, this has had a negative impact on the broader relationship between both sides. Recent examples include the issue of foreign fighters traveling from Europe to Syria via Turkey. Each side has accused the other of not doing enough to stem the flow. Likewise, following the decision of Russian President, Vladimir Putin, to ban the import of agricultural goods from countries that have placed sanctions on Moscow, the EU asked Turkey to demonstrate solidarity, as a “candidate country”, and not to increase exports of agricultural products to Russia. Turkey rejected this request and is reportedly working on strengthening trade ties with Moscow. Turkey remains an important partner in a number of key areas including trade, energy, foreign and security policy and migration. At a time when the EU faces crises in both its Eastern and Southern neighbourhoods, a reliable and predictable Turkey, with which it can cooperate in the Black Sea and Middle East neighbourhoods is crucial. Hence the vision and plans of the EU’s new leadership, in particular new Foreign Policy Chief, Federica Mogherini, and Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Johannes Hahn, how to shape relations with Ankara is particularly significant. The Union’s current policy is counterproductive and is further eroding trust and cooperation rather than enhancing it. It needs to be turned around.

Greece & the European Agenda: EU Enlargement and European Monetary Union. CES Germany & Europe Working Papers, No. 08.2, 1998

In the decade to come, the European Union will embark on two new projects, each destined to transform it in fundamental ways: (i) Eastern enlargement, and (ii) economic and monetary union. Neither of these projects will affect all members equally or in the same way. But Greece will, for two reasons, be affected in a manner qualitatively different to all other member states. First, Greece is the only country physically affected by the Luxembourg Summit's decision to begin accession negotiations with some, but not all, Central and Eastern European applicant countries: as a result of this decision, she will continue, for at least another eight to ten years, to be the only member country not to share a common border with another member state, with all the consequent implications in economic and geostrategic terms. Second, when the European Council meets in early May to select those member states that are deemed to have met the convergence criteria, it will find that Greece is the only member state falling short of those criteria. This development may create additional difficulties for her economy during the transitional period of derogation. It will also pose new risks to Greece, insofar as she will be absent during the initial-and crucial-years of establishing a common monetary policy.

Hostages to dialogue. The process of normalising Serbian-Kosovar relations. OSW COMMENTARY No. 214, 2016-06-08

In March 2011, the governments of Kosovo and Serbia started a dialogue that was intended to lead to the normalisation of mutual relations. This process, launched under the pressure of the EU, was aimed at building up confidence between the parties and resolving the everyday problems of the Serbian and Albanian communities, and as a consequence, reducing tension in the Western Balkans. The start of talks between representatives of the antagonist countries was the breakthrough that led to the Kosovo government gaining control over the whole of its territory, the establishment of a border (or ‘administrative boundary line’, as Belgrade calls it), and the start of the process of subordinating the Kosovo Serbian institutions to the authorities in Prishtina. Serbia also lifted its trade blockade on Kosovo, and allowed Prishtina to join the regional organisations. As a result, progress has been made in the process of integration of both states with the EU: Serbia has started accession negotiations, and Kosovo has signed a Stabilisation and Association Agreement (SAA).

Governance in foreign policy-making in Germany and Poland and Polish-German relations:the role of non-state actors

This thesis examines the influence of non-state actors on Polish-German relations by considering foreign policy-making towards Poland in Germany and vice versa. The approach chosen for this thesis is interdisciplinary and takes into consideration literature from domestic politics (Area Studies), Foreign Policy Analysis and International Relations (IR). The thesis argues that IR, by purely looking into the quality of inter-state relations, too often treats these relations as a result of policies emanating from the relevant governments, without considering the policies’ background. Therefore, the thesis argues that it is necessary to engage with the domestic factors which might explain where foreign policies come from. It points out that non-state actors influence governments’ choices by supplying resources, and by cooperating or competing with the government on an issue at stake. In order to determine the degree of influence that non-state actors can have on foreign policymaking two variables are examined: the institutionalisation of the state relations in question; and the domestic structures of the relevant states. Specifically, the thesis examines the institutionalisation of Polish-German relations, and examines Germany’s and Poland’s domestic structures and their effect on the two states’ foreign policy-making in general. Thereafter, the thesis uses case studies in order to unravel the influence of non-state actors on specific foreign policies. Three case studies are examined in detail: (i) Poland’s EU accession negotiations with regard to the free movement of capital chapter of the acquis communautaire; (ii) Germany’s EU 2004 Eastern Enlargement negotiations with regard to the free movement of workers chapter of the acquis communautaire; and (iii) Germany’s decision to establsh a permanent exhibition in Berlin that will depict the expulsions of millions of Germans from the East following WWII.

Magyar alkalmazkodás az Európai Unió foglalkoztatás és szociálpolitikájához – tanulságok (The experiences from the Hungarian adaption to the common employment and social policy of the European Union)

A tanulmányban áttekintjük az európai foglalkoztatás- és szociálpolitika kialakulását és történetét, valamint a területen alkalmazott speciális koordinációs módszert. Ezt követően a csatlakozási tárgyalások elemzésével bemutatjuk a hazai politika helyzetét a csatlakozás időpontjában. Az elmúlt időszak foglalkoztatási adatai segítségével megvizsgáljuk a hazai és európai foglalkoztatás- és szociálpolitikai intézkedések hatásait. A cikk zárásaként a magyar EU-elnökség prioritásait és az aktuális közösségi terveket vesszük szemügyre. ______ The article gives a review on the history of the common employment and social policy in the European Union, with special attention to the coordination methods used in the field. The article also analyses the accession negotiations and the domestic policy situation at that time of Hungary's accession to the EU. With the data of recent years, the effects of the Hungarian and common EU measures are also examined. Finally, the priorities of the Hungarian Presidency of the European Council along with the current common policy plans are also demonstrated.

Na granicy Unii Europejskiej – pozycja europejskich terytoriów autonomicznych w dobie globalizacji i integracji. Przypadek Wysp Alandzkich

The model of autonomy developed by the Aland Isles can provide a number of interesting solutions applicable in other territories. Territorial autonomy as a manner of ensuring the political and economic rights of the minority involves facing up to the challenges of European integration and globalization. It seems that the Aland Isles have successfully coped with this challenge. Firstly, they were able to present and promote their own interests during the accession negotiations in an efficient manner. Secondly, they maintained (and additionally strengthened by including it in the aquis communitaire) their separate, autonomous status and the guarantees of identity protection by virtue of limiting the rights of persons without domicile rights to purchase land and run business activity. Thirdly, they managed to obtain a special status excluding them from the process of indirect tax harmonization, thus ensuring considerable economic benefits. Fourthly, both Finland and the European Union confirmed their autonomy, demilitarization and neutrality allowing the Isles to retain their former status under the new circumstances. Fifthly, they obtained representation in the Committee of the Regions and a defined position on European matters in Finland. The skillful application of the existing solutions and the winning of an advantageous set of derogations and exceptions strengthened the position of the Isles both with respect to Finland and the international surroundings. The Isles’ economic, cultural and political protection was augmented. Alongside their participation in international organizations, such as The Nordic Board, the Aland Isles have remained active and discernible on the international arena.