Constitutional Changes of Turkey in 2001 under the Framework of the EU Adaptation Process

Membership of the European Union has been contained a long process for Turkey. Turkey’s first application for associate membership in the European Community was made in 1959. After consecutive negotiations, Turkey signed the “Agreement Creating an Association between the Republic of Turkey and the European Community (the Ankara Agreement)” on the 12th of September, 1963. The relationship aiming at the full membership has started with this agreement which entered into effect on the 1st of December, 1964.1 The Additional Protocol of November 1970 provided a timetable for the harmonization of laws with the EU in economic cases. In this context, the Protocol ensured the abrogation of tariffs and the elimination of quantity restrictions. Furthermore, it allowed free movement of persons in the following 12 to 22 years. Following these economic developments Turkey applied for full membership on the 14th of April, 1987. Ad hoc committee meetings with the European Commission then started as a new phase in reviving the relations. Efforts to make progress in economic integration continued and Customs Union was completed in 1995. The Helsinki European Council of 1999 and the Copenhagen European Council of 2002 also provided a breakthrough in relations and it was declared that Turkey is on equal footing with other candidates. In October 2004, the European Commission in a progress report declared that Turkey fulfilled the Copenhagen political criteria.3 In the light of these developments, on the 3rd of October, 2005, it was determined that accession negotiations should open with Turkey. Turkey has closed the chapters in negotiation and the screening process was accomplished in October 2006. In fact, it is accepted that the long process of Turkey being part of the European Union is progressing from ‘candidate’ phase to ‘accession’ phase.4 In that process, Turkey has adopted constitutional amendments which came into force on the 17th of October, 2001. The current constitution of Turkey was regulated by constituent assembly after the 1980 military intervention. It was adopted by a constitutional referendum that was polled around % 90 votes of eligible votes.5 Almost all non governmental organizations, political parties and opposition groups had criticized the constitution. Proposals for amendments had been prepared by institutions had increased from day to day. In this context, approach of the European Union and society’s expectations about democracy and freedom became the determining factors for 2001 amendments.