EXCLUSIVE / The European Union has never sent Turkey the required benchmarks to reform its justice system, making the country's EU accession process impossible to complete, according to a high-level official in Ankara who spoke to EurActiv in an exclusive interview.
Burak Erdenir, deputy undersecretary at the Turkish Ministry for EU Affairs, said Ankara was never given the promised benchmark criteria that are needed to open the two controversial EU accession chapters covering justice, freedom and fundamental rights, also referred to as chapters 23 and 24.
According to the Turkish high official, EU negotiators have perverted Ankara's accession process by refusing to release the criteria, suggesting this was a deliberate move to delay the accession talks.
“You can’t ask us to complete benchmarks which were never given to us and then bash Turkey on lacking political reforms – it simply makes no sense,” Erdenir said.
This is the first time that a Turkish official spoke on the record about the lack of guidelines, or benchmarks, at such a high level. If confirmed, the allegations could raise serious concerns about the arbitrariness of the entire accession process, as the benchmarks were supposed to have been communicated to Ankara after two screening processes in 2006.
Asked by EurActiv to comment, the European Commission acknowledged the problem. Peter Stano, spokesperson for Enlargement Commissioner Stefan Füle, told EurActiv that the Commission "will continue to do all it can…for Turkey to receive the opening benchmarks."
The Commission, he added "believes it is important that… work resumes on negotiating chapters interrupted over a number of years due to the lack of consensus amongst member states."
Turkey launched its EU accession bid in 2005, four decades after its first application, but the process has come to a standstill due to resistance from France and Cyprus.
“We were supposed to be given the benchmarks to be able to know which direction to follow and which reforms to undertake,” Erdenir explained.
“We were communicated the screening meetings about seven years ago, but everything has stalled since then. Turkey is aware of the fact that the process has slowed down, but this is really different – they simply never sent us the targets, but continued criticising us for not upholding a standard we were never really given”.
In 2012, the EU and Turkey launched the so-called “positive agenda” in an effort to revitalise the accession process. But those efforts came to a standstill during the Cyprus EU presidency between July and December last year.
The revelation that specific targets and benchmarks associated with the opening of chapters 23 and 24 were never delivered to Ankara raises concerns regarding the transparency of the accession process.
The success of EU talks heavily depends on screening reports based on benchmarks, which provide candidate countries with reform guidelines in various areas, ensuring that countries fall in line with EU legislation and the so-called Copenhagen political criteria.
The opening and closing of individual chapters is subject to unanimity among the 27 EU member states, as is the final decision to conclude an Accession Treaty, making the whole process vulnerable to national vetoes and blackmail.
Benchmarks and progress reports are supposed to give candidate countries a clear idea of which reforms must be completed to further the accession process. For Turkey, the first screening processes took place In October and September 2006 and included the standard practice of screening Turkish law against EU legislation.
The justice benchmarks are significant because of the criticism Turkey has faced surrounding its anti-terror laws, which are seen as impeding press freedom and leading to the incarceration of more than 80 journalists.
Perverting the accession process
The allegations surrounding the benchmarks would suggest that the EU is portraying an incorrect picture of the current accession talks due to internal political issues.
According to Erdenir, “this is not only worrisome in relation to the Turkish accession, but also because it becomes harder to count on the EU as a reliable and legitimate body”.
In early 2012, Turkey and the EU had opened 13 of the 35 negotiating chapters, and had provisionally closed only one.
"No chapters have been opened in the last two and a half years. Almost half of the 35 chapters are blocked on political grounds. EU membership of any candidate country might be a political decision but the accession process is supposed to be a technical process with objective criteria. We just want to pursue our negotiations like any other candidate state," said Erdenir.
Prime Minister Recep Tayyip Erdo?an has criticised the European Union for treating candidate countries differently, while applying double standards to Turkey by blocking multiple chapters for political reasons. In 2013, Erdogan noted that the 2004 accession of Cyprus could have detrimental consequences for the EU-Turkish relationship and the future of enlargement. He also said that the Turkish delay in EU accession process was “unforgivable”.
“Our cooperation and solidarity with European countries will of course continue, even if they do not accept us. But our wish would be for Europe, even though they have not accepted us, to realize that 5 million citizens of Turkey live in the EU ... We say: 'Don't delay. Let's finish it'," said Erdogan.
Turkey’s European Union Minister Egemen Ba??? said that “The EU and Turkey need each other . . . while neither of the two have the luxury of saying ‘no’ to the other”. Ba??? also noted that “all EU members had their hardships when they were candidates, but we have waited for 45 years just to become a candidate”.
Ba??? has criticised the EU for blocking most of Turkey’s accession talks, adding “On the one hand they tell us to work on legal system and freedom of the press, but on the other hand they do not let us carry on with our membership talks. They want us to do our homework without actually telling us what our homework is.”
Swedish Foreign Minister Carl Bildt has stated that “It is up to Turkey to decide what is best for itself, but the EU with Turkey on board would be a stronger, more effective and dynamic global player”. “Turkey is emerging as a very important partner, when you think about the developments in the Middle East and Africa, and Turkey’s role in them” he said.
Turkey's relations with the European Economic Community (EEC) date back to 1959. But it took many years, until the Helsinki European Council of December 1999, for the country to obtain the status of a candidate country for EU membership.
The EU opened accession talks with Turkey in October 2005, but a number of stumbling blocks are holding up Ankara's progress, in particular concerning Turkey's relations with Cyprus, human and minority rights and freedom of expression.
Out of 35 negotiation chapters, so far only one chapter (science and research) has been provisionally closed. Thirteen chapters are open, but the EU has suspended the opening of eight chapters over Turkey's failure to implement the Ankara Protocol, which states that access should be granted and ports opened to products coming from the Republic of Cyprus.
The opening of another 11 chapters has been blocked by the France and the Republic of Cyprus, amounting to 19 blocked chapters in total.
In 2010, the EU, in a gesture of good faith towards Turkey, opened another chapter in the accession process, increasing the total number of opened chapters to 13. The chapter covers sectors related to food safety, veterinary standards and phytosanitary requirements.
- 17 Feb. 2013: Elections are held in the Republic of Cyprus
- 2014: Presidential elections in Turkey
Council of the European Union
- EU-Turkey Association Council: Press release from the 50th Meeting 2012
- EU-Turkey Joint Parliamentary Committee: Information Note 2009
- EU-Turkey Joint Parliamentary Committee: Minutes from the 68th Meeting 2012
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