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May 26, 2012
 
 
 
 
 
 
Columnists 01 February 2012, Wednesday 19 0 4 0
LALE KEMAL
loglu@todayszaman.com

Turkish lawyer presses for visa relaxation

Turkey, though not a member to the European Union, has a long-standing relationship with the union dating back to the 1963 Ankara Association Agreement. In addition, Turkey and the EU have had a Customs Union agreement since 1996, while Ankara is a candidate member country to the union, though accession talks have already stalled. Taking into consideration this long relationship, one can expect, for example, the EU to apply a more flexible visa regime for Turkish citizens, if not lift it completely.

On the contrary, traveling to Europe for any purpose for a Turkish citizen usually turns into a nightmare or leads to serious stress due to procedures set forth to acquire a Schengen visa that all EU countries except Britain require. Turkish citizens must sometimes deal with bad behavior exhibited by visa officials at some embassies in Ankara during the process of their application. I know of many such incidents but let me only share with you the latest one. Last year, a Turkish couple decided to travel to Spain, a place they had longed to visit, and made reservations at a hotel while buying their ticket. They applied for a visa at the Spanish Embassy in Ankara in a timely manner, but in the end they were given neither the visa nor good treatment. The couple called me several months ago to tell me of their deep disappointment. If the Spanish Embassy is interested in talking to this couple, it can get a hold of me and I can give it their contact details.

Ironically, the Turkey-EU Customs Union agreement stipulates the free movement of goods between the two, but not the free movement of Turkish citizens within the EU countries.

Nevertheless, several legal initiatives have been made by various Turkish entities with the related organs of the EU seeking the relaxation or complete abolishment of visa requirements for Turks.

Recently, the law firm of Dr. Selim Sarıibrahimoğlu, a prestigious Ankara-based lawyer, filed a legal request with the European Parliament seeking the easing or end of visa requirements for Turks.

Sarıibrahimoğlu says his law firm submitted its assessment of the matter to the EU Commission in January 2011. Sarıibrahimoğlu's law firm then took the matter to the European Parliament, where the office's legal arguments are currently being examined.

The law office based its argument on the founding principles of EU-Turkey relations.

Sarıibrahimoğlu says the visa problem stems from the fact that Turkey, as a result of the Schengen Agreement of 2001, was placed in Annex I (countries subject to a visa application) instead of Annex II. The Turkish placement among countries whose citizens are required to obtain visas runs contrary to the provisions of the Ankara Treaty (the 1963 Association Agreement) which became an integral part of the 1957 Treaty of Rome which founded the European Economic Community (EEC), argues Sarıibrahimoğlu.

“Because visa implementations under the Schengen agreement infringe on Turkey's rights, we applied to the European Parliament seeking the abolition of the implementation by using our ‘right to petition.' The European Parliament's Petition Committee notified us in a letter dated Nov. 4, 2011 that the law firm's application has been accepted and that the legal process has begun,” he says.

If Sarıibrahimoğlu's law firm wins the case, Turkish citizens will be able to travel to the EU for three months without visas. Such a decision, among other things, will at least relieve Turks from coming under serious psychological pressure that they encounter while applying for a visa.

COMMENTS
E.U has been trying to keep this unrational visa regime. Turkish citizens with U.S visas for several years are given 3-4 days visas by these countries. This is really really ridiculous. Long terms effects of these kinds of irresponsible policies will shape the agenda of tomorrow.
alpik
Hi I hope and pray europe will stop this visa for turkish citzens. I'm a irish citzen living in ireland again for over 1 year now my boyfriend is a turkish citzen we have two daughters there with me in ireland we've been trying two sort a visa for my boyfriend since I come back two this country so h...
jeanette doyle
The unfair visa that EU applies to Turks should be lifted or we Turks should start applying visa to EU citizens immediately. We dont need their cheap tourists anyway, EU is bankrupt. As EU economy is going down and as we Turks are getting richer, they need OUR tousits and money, not the other way ar...
Hakan K
@Johan. Yes, I know the US has much harsher rules. I have a Green Card and it took an eternity to get it. Going back to the Turks, yes I get that. However, there is no "opt out" of that Agreement. The ECJ's Soysal decision would have mentioned an opt out if there was one and certainly Germany would ...
Orhun/USA
@Christoph. You need to understand something. Turkey does not need to ratify the agreement on readmission of illegal migrants to get the benefits out of the 1963 and 1970 Agreements. Those rights were awarded WELL before the recent disagreement on the readmission of illegal migrants (mostly from thi...
Orhun/USA
@Johan, Turkey was ready to sign the readmission agreement with the EU, until countries like The Netherlands indicated that signing the re-admission agreement would not imply any changes in the EU visa policies. Maybe the US immigration policies are more tough, but the travelling regime to the US is...
harman
Two problems: 1. Turkey has not ratified the Customs Agreement Protocol and refuses to allow ships and aircraft from EU member (and soon to be President) Cyprus to land in Turkey. 2. Turkey refuses to accept the return of illegal immigrants who enterred the EU through Turkey. Until both these items...
Christoph
@Orhun Sorry but you are deadly wrong. Labor migration to West Europe was stopped in 1973 (beginning of the oil crisis *a crisis which lasted until 1986). The temporary guest workers had no work now and had to register for welfare (90% of your last gross salary) and than the different countries disc...
Johan
This whole topic will be a non-issue very soon. The EU countries are finding it increasingly difficult to exploit their former colonies, and are going bankrupt one by one. No one will want to go there any more.
Shams
I second Carl's comments but what would help more to accelerate this is if the AKP would stop acting like children!
the prisoner
Stop the humiliating visa regime for Turks wanting to enter the Schengen area immediately! As an EU citizen I feel deeply ashamed about the present state of affairs.
Carl
@Demir. Turkey has to sign the readmission agreement to take back illegal immigrants which pass through her country often handled by Turkish gangs. Often dropped at the Greek/Turkish borders. Since Turkey opened its borders with many countries in the Middle East many people from there use Turkey to ...
Johan
Many Turks act as a fifth column in countries which host them as we saw last week. In Belgium and the Netherlands protesting the French and ask for 'expelling the French people from these countries'...are you kidding me?! Extreme pious Muslims trying to implement Apartheid systems for segregation of...
Johan
@Johan. Those 5 million Turks in Europe came illegally mostly as a part of the guest worker programme in post WWII Europe. The figures you quote that they came "in the 80s" is simply not true or correct and not supported by the facts. Next, the Ankara Agreement is not an integral part of the 1957 Tr...
Orhun/USA
What does this have to do anything with the Greek/Turkey border? Nobody is asking to be added to the Schengen region, so how will the immigration problem in Turkey will effect anything? Do these people end up with Turkish passports after entering Turkey or Greece in illegal ways? Shear stupidity. We...
Demir
How refreshing that somebody is actually looking into this matter that is causing Turkish citizens so much stress and money I have recently been through the process to get my husband to join me in the United Kingdom It was a nightmare from start to finish and really needs looking at at the highest l...
diane deri
Even though I agree and acknowledge that travel arrangements can be painful and unnecessarily difficult for Turkish citizens, I believe, without being overly pessimistic, that it is not going to happen. Turks can attribute blame to the recent and perpetually boorish nature and comments on the subjec...
Thessalonian
Johan is right. In fact, some years ago, Canada did not require a visa for Turkey, but that changed when they began arriving in the thousands asking for refugee status. They are uneducated and a large percentage are indeed on some type of government or should I say, tax-payer assistance. To be fair,...
Mark
Is it so difficult to read? The Ankara Association Treaty is NOT an integral part of founding documents of the Treat of Rome. You can also ask your self how 5 million Turks found their way to Europe the last 40 years when most of them came AFTER 1980ties, when Europe was in a deep economical crisis ...
Johan
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