47
negotiations.
114
Those active roles of Turkey certainly make this country worth more and respected by other countries. The strategic flexibility of Erdogan
government in conducting its foreign policy was the cornerstone of Turkey‟s success story in world politics during the last decade.
B. The Current Turkish Approach for EU Membership
Turkish government with Prime Minister Erdogan has established a record of modernization, economic growth, and reforms. It must be a form of commitment
of Erdogan and his party to make Turkey to become valuable country and become an official European Union member state. In addition to creating the various
progresses in Turkey, the other steps were also taken by the government to achieve the EU member state status. Among the ways are by approaching the EU
member state by visiting their country to gain their support, completing all requirement demanded by EU Committee, reshuffling the cabinet, starting
negotiation with Cyprus to end the dispute, and changing the constitution.
Visiting the EU member countries bilaterally was carried out by Turkish Government in order to gain more support from those countries. Obtaining their
support is expected to ease the Turkish accession into European Union which has been processed around half century. One of visited countries was the Great
Britain. The visit to this country was done for several times reminding that Britain is one of the big and influencing countries in EU as the great supporter country for
Turkish Accession.
114
ibid, p: 16
48
The elites that have visited this country are Turkish President Abdullah Gül in 2005
115
and PM Erdogan accompanied by Deputy Prime Minister Cemil Cicek, Foreign Minister Ahmet Davutoglu, Egemen Bagis and Zafer Caglayan the
Minister of Foreign Trade on March 2010
116
and 2011
117
. All those visits aimed to talk about Turkish-EU accession process and another matter such as Cyprus
dispute, and the bilateral relation of Turkey and Britain. Besides, the visit was also done by PM Erdogan to Germany on February 2012 to discuss about the
Turkish accession although in fact Germany still in its stance opposing Turkish accession
118
and to Italy by President of Turkey, H.E. Abdullah Gül, in 2013 to thank for Italian support toward Turkish accession.
119
In addition to European countries, Turkey also made the talks with US Government that has close relation
with EU to gain its support for Turkish accession. The visit was held by PM Erdogan to meet President Barrack Obama in Washington DC on May 2013.
120
The other Turkey‟s effort to goal its accession is by completing all requirements needs such as the Copenhagen Criteria and Acquis communautaire
by enforcing National Programmes for the Adoption of the Acquis NPAA to open the whole 35 chapters of the Acquis. The report about that NPAA was
115
“Abdullah Gul visits Britain as EU turns its back on Turkey”, The Guardian, [online article] available from:
http:www.theguardian.compoliticswintour-and-watt2011nov21turkey-recep-tayyip-erdogan , accessed
at 882014
116 “
Turkish PM to visit Britain ”, EU Business, 12 March 2010, [online article], available from:
http:www.eubusiness.comnews-euturkey-britain.3l2 , accessed at 882014
117 “
Turkish PM Erdoğan to visit Britain”, Hurrriyet Dialy News, 3252011, available from: http:www.hurriyetdailynews.comturkish-pm-erdogan-to-visit-britain.aspx?pageID=438n=erdogan-to-visit-
britain-2011-03-25 , accessed at 882014
118
Christoph Sydow,
“
Turkey and EU: Erdogan Visit to Berlin Betrays Tensions ”,Spiegel Online International,
[online article], available from: http:www.spiegel.deinternationaleuropeturkish-prime-minister-erdogan-sets-deadline-for-eu-admission-a-
864579.html , accessed at 882014
119
Republic Of Turkey-Ministry of Foreign Affair, President Gül pays a visit to Italy, 2011, available from http:www.mfa.gov.trpresident-gul-pays-a-visit-to-italy.en.mfa
, 9122014
120
Bayram Balci, Erdogans Visit to Washington, D.C., Foreign Policy Journal, 2152013, available from http:www.foreignpolicyjournal.com20130521erdogans-visit-to-washington-d-c
, accessed at 9122014
49
released three times which were in 2001, 2003, dan 2008.
121
By those hard efforts, eventually the Council of Europe, at the Brussels Summit on 16-17 December
2004, took note that Turkey sufficiently fulfilled the political criteria and decided to open accession negotiations with Turkey on 3 October 2005 and the accession
negotiations were finally launched on the date planned to discuss about 35 chapters of the accession of Turkey-EU.
122
In addition, on the basis of the laws adopted in June 2012, Ombudsman and the Human Rights Institutions were
established. Ombudsman started to receive petitions in March 2013.
123
The cabinet reshuffle was also done as Turkish effort. Some of the implementation were by creating a new ministry to press Turkeys campaign to
join the EU
124
and changing the constitution as the reform process. The Constitutional amendment package was adopted by the referendum held on 12
September 2010,
125
Here are details of the amendments to the articles of the constitution that the government now enact:
Article 10: Equality before the law; This would be amended to say that
measures favoring children, the elderly, the disabled, widows and orphans of martyrs and veterans do not violate the principle of equality.
121
Republic Of Turkey-Ministry of EU Affair, National Programmes for the Adoption of the Acquis NPAA, 2008-12-31, [online database], available from:
http:www.abgs.gov.trindex.php?p=194l=2 , accessed at
1082014
122
Republic of Turkey-Ministry of Foreign Affairs, Turkey-EU Relations, on-line database; available fromhttp:www.mfa.gov.trrelations-between-turkey-and-the-european-union.en.mfa; Internet; accessed at
1182014
123
“Turkey: Reconsider Appointment to Key Right Body”, Human Rights Watch, 10122012, [online article], available from:
http:www.hrw.orgnews20121209turkey-reconsider-appointment-key-rights-body , accessed
at 1082014
124
Reuters, “Erdogan Intensifies Turkey‟s Effort to Join EU”,The Independent, 772011, [online article] available from: http:www.independent.co.uknewsworldeuropeerdogan-intensifies-turkish-effort-to-join-eu-
2307943.html
125
Republic of Turkey-Ministry of Foreign Affairs. Turkey-EU Relations
50
Article 20: Right to privacy; The changes would protect individuals personal
information. Such information could only be obtained with an individuals permission or in certain legal circumstances.
Article 23: Freedom of movement; The changes say the right to travel abroad
may be restricted only during ongoing criminal probes and upon a judges order.
Article 41: Childrens rights; The article contains that Every child has the right
to adequate protection and care and the right to have and maintain a personal and direct relationship with his or her parents unless the relationship is explicitly
contrary to his or her best interests. In addition, the State shall take measures to protect the child against all forms of abuse and violence.
Article 51: Right to organize labor;
The amendment would repeal a clause that bars membership in more than one labor union.
Article 74: Right to petition; The amended version allows individuals to file
complaints and requests for information to a government-appointed ombudsman.
Article 84: Loss of membership in parliament; The changes would end the
practice of expelling members of parliament whose actions were cited by a court as grounds to ban a political party.
Article 94: Administration of parliament; The amendment would change the
length of the parliamentary speakers term in office.
51
Article 125: Recourse to judicial review;
A new version would allow soldiers discharged by a Supreme Military Council decision to appeal against such
decisions.
Articles 128, 129: Public service;
The articles would include giving civil servants the right to collective contracts and to appeal disciplinary action.
Article 144: Inspection of judicial services;
The proposed amendment requires Justice Ministry reviews of prosecutors to be conducted by judicial inspectors and
internal auditors, who must be judges or prosecutors themselves.
Articles 145, 156, 157: Military justice;
Crimes against state security and the constitutional order allegedly committed by military personnel would not be tried
in military courts but in civilian courts. Civilians shall not be tried in military courts.
Articles 146, 147, 148, 149: Constitutional Court; The changes would
overhaul the top court to consist of 17 justices, instead of the current 11, each will be chosen for a 12-year term. They face mandatory retirement at age 65.
Individuals may appeal directly to the court andtop generals will be tried for offences related to their duties by the Constitutional Court, acting as the Supreme
Court.
Article 159: Supreme Council of Judges and Prosecutors;
The amended article would change the format of the council and the way its members are
selected. It creates 22 regular and 12 substitute members on the board.
52
Article 166: Economic planning;
The change in the article would establish the
Economic and Social Council as a constitutional institution.
Provisional Article 15; The package would repeal the article barring
prosecution of members of the National Security Council and technocrats who had legislative and executive power following a 1980 military coup.
126
Those new constitutions describe the seriousness of Turkish Government to equalize the Turkish system with European Countries in term of law and to show
the EU Commission that Turkey also deserves to be part of EU member states.
Beside those efforts, the attempt to recover the relation with Cyprus has also been carried out by Turkish government to seek the membership status. Turkey
tried to communicate with Cyprus to find the way out of their dispute, one of the ways was by enforcing the Cyprus Peace Talks in the recent days. Osma
n Ertuğ, special representative of Turkish Cypriot leader Derviş Eroğlu, told on February
2014 that Turkey supports the reconciliation talks to resolve the conflict on the island.
127
In the other hand, Turkey also asked Netherland as EU member to support the new rounds of talks for the reunification of Cyprus.
128
Other than Netherland, in some of Turkish visits to EU countries, Turkish government also
made the talks about the Cyprus problem to be resolved soon, the example was Britain as mentioned above.
126
Ayla Jean Yackley, “Factbox: Turkeys constitutional amendments”, Reuters, Sep 12, 2010, [online database],
available from:
http:www.reuters.comarticle20100912us-turkey-referendum-articles- idUSTRE68B28B20100912
, accessed at 1082014
127
“Turkey Presses or Quick Finish In Cyprus Peace Talks”, Todays Zaman, 16022014, [online article], available from:
http:www.todayszaman.comnews-339382-turkey-presses-for-quick-finish-in-cyprus-peace- talks.html
, accessed at 1182014
128
Anonym,“Netherlands will welcome Turkey as an EU member state, Dutch FM says”, Hurriyet daily News, February 15, 2014, [online article], available from:
http:www.hurriyetdailynews.comnetherlands-will- welcome-turkey-as-an-eu-member-state-dutch-fm-says.aspx?PageID=238NID=62512NewsCatID=338
, accessed at 2282014
53
C. European Union’s Response toward Turkish Accession under PM
