Lessons Learned from EU-Turkey Deal

Lessons Learned from EU-Turkey Deal Presented by: Dr. Elbert Date: 19 October 2023 EU-Turkey Deal - - EU-Turkey Joint Action Plan (2015) • massive exodus from Syria • prevention of the irregular migration flows to EU EU-Turkey Statement (2016) - press release • fight against smuggling + protection of external borders • resettlement of one Syrian from Turkey to Greece (EU) for every Syrian readmitted by Turkey from Greek islands • Visa liberalization + accession negotiation of Turkey to EU EU-Turkey Deal: No Judicial Review - General Court of EU-joint cases C-208/17P to C-210/17P - Applicant: • Act attributable to EC - establishing agreement contrary to the EU law - Annulment of the agreement - EC: • no intent to produce legally binding effects of agreement • „Members of the EC" and "EU"- cannot be considered as measure adopted by the EC - Court's lack of jurisdiction to hear and determine it • - Formal designation vs. Content of the instrument European Court of Justice- joint cases T-192/16, T-193/16, T-257/16 • Appeal must precisely indicate:  A) the contested elements of the appealed order  B) the legal arguments specifically supporting the appeal • general assertions that the General Court disregarded a certain number of the EU law principles, without precision of the contested elements in the orders or legal arguments in support for the annulment • dismissed the appeals as manifestly inadmissible Violation of the Rights of Refugees - - Principle of non-discrimination- art. 3 Refugee Convention • Mainly in relation to the Syrian refugees • Only those who fleeing from Europe Principle of non-penalization- art. 31 Refugee Convention • Conditions of the camps, militarization of areas, forced punch-back on the border - Principle of non-refoulement- art. 33 Refugee Convention • Impossibility to apply for the asylum • Turkey is not anymore safe third country • HR-forced deportations, no access to lawyers, to phones EU Member States Solidarity - Failure of the EU system of redistribution of migrants and asylum seekers - To help Greece and Italy - Joint cases C-643/15 and C-647/15- SR and HU vs. Council of the EU - Joint cases C-715/17, C-718/17, C-719/17 EU Commission vs. Poland and others - The fear about the public order and security - New Pact on migration and asylum Conclusion - Change of the migration routes - pressure on more EU member states - Legal chaos - Negative impact on the status of migrants / refugees - Negative impact on EU member states relations