Search

Begin New Search Topic Law Political Geography Turkey Content Type Journal Article Publication Year within 25 Years

1. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:
A. Aslı Bilgin and Pierluigi Simone
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:
Bilateral Relations, Law, European Union, and Citizenship
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

2. From coup to constitution: The impact of Turkey’s attempted coup on the constitutional referendum – a series on Turkish constitutionalism, part 2

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the second in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. At Erdoğan’s election in 2002, he appeared to be the latest in a line of populists elected to office. Initially, his success seemed the result of an ability as an Islamist to appease the concerns of the secular establishment. This was bolstered by his stated commitment to Turkey’s accession to the European Union. While in the 1990s Islamist reformers failed to pass institutional reforms aimed at decreasing military control of Turkish politics, the military allowed Erdoğan the space to pursue institutional reform that would enhance Turkey’s chances of becoming a member of the European Union. This attempt by the Justice and Development Party (AKP) to reimagine Turkish democracy for the 21st century took the form of a general push for constitutional reform.
Topic:
Politics, Governance, Law, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:
Turkey and Middle East

3. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:
Mason Hill
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:
Politics, History, Law, Reform, and Constitution
Political Geography:
Europe, Turkey, and Middle East

4. Ergenekon: An Illegitimate Form of Government

Author:
Markar Esayan
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
On August 5th, 2013, an Istanbul court reached its verdict in the Ergenekon coup plot trial, handing down various prison sentences to 247 defendants, including the former Chief of Military Staff and several high-ranking members of the military's command. Although the Supreme Court of Appeals has yet to make a final decision on the 6-year legal battle, the Ergenekon trial has already become part of the country's history as a sign that anti-democratic forces, many of whom date back to the final years of the Ottoman Empire, no longer have free reign. Notwithstanding its limited scope and other shortcomings, the court's decision marks but a humble beginning for Turkey's acknowledgement of the dark chapters in its history, as well as a challenging struggle to replace the laws of rulers with the rule of law.
Topic:
Government and Law
Political Geography:
Turkey

5. Principles of Islamic International Criminal Law: A Comparative Search Farhad Malekian

Author:
Aysegul Cimen
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Principles of Islamic International Criminal Law: A Comparative Search As one of the major components of the Islamic state, Islamic law has drawn considerable attention from different scholars both in the East and West. Particularly, comparative studies on the historical evolution of Islamic law and its application in modern legal systems are some of the major topics in the last two decades. Peters' Crime and Punishment in Islamic Law: Theory and Practice from Sixteenth to Twenty-First Century, Millers' Legislating Authority: Sin to Crime in the Ottoman Empire and Turkey, Hallaq's Shari'a: Theory, Practice, Transformations, and Naim's Islam and the Secular State: Negotiating the Future of Shari'a are some of the prominent books in the field.
Topic:
International Relations, International Law, Islam, and Law
Political Geography:
Turkey

6. Ihsan Yilmaz, Muslim Laws, Politics and Society in Modern Nation States

Author:
Kemal Özden
Publication Date:
10-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
In this book, the author focuses on Muslim people's social and legal situation and their legal attitudes from various points of view.
Topic:
Politics and Law
Political Geography:
Pakistan, United Kingdom, and Turkey

7. Turkey, Israel and the US in the Wake of the Gaza Flotilla Crisis

Author:
Taha Özhan
Publication Date:
07-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Palestinians in Gaza have suffered under an illegal siege—first imposed by Israel in 2005 and strictly enforced since early 2009—which Amnesty International has called “a flagrant violation of international law.” Hundreds of civilians, the representatives from dozens of countries, attempted to deliver much-needed material to the Gazan people by the Gaza flotilla. The passengers on board—including elected officials, diplomats, media professionals, and other human rights workers—joined the flotilla as an act of civil disobedience and because they believe there is no decent justification for preventing shipments of humanitarian aid from reaching people in crisis. Israeli military launched a nighttime assault with heavily armed soldiers who shot and killed nine civilians and seriously injured dozens more. What happened to the flotilla is happening to the people of Gaza on a daily basis. It will not stop until international law is applied to all countries, Israel included.
Topic:
Humanitarian Aid and Law
Political Geography:
United States, Turkey, Israel, Palestine, and Gaza

8. Turkish Energy Market Law and Governance: How to Mobilize Investments

Author:
Ali Göksu
Publication Date:
07-2010
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Turkey is still highly dependent on foreign energy resources and the supply of electricity is still not sufficient to meet current demand. Therefore, attracting local and foreign investments is vital in order to ensure supply security and establish a competitive and transparent market in the future. In this respect, fundamental regulatory changes have been made in the Turkish electricity market, previously dominated by the state. However, Turkey still lacks a sufficiently attractive energy market for foreign and local investors. It is the duty of the Turkish government to render attractive energy market conditions and regulatory environment for investors. This article looks into the structure of the Turkish electricity market. Various issues under the current system which may facilitate or hinder investors will also be evaluated, along with recommendations to improve the current market conditions.
Topic:
Law
Political Geography:
Turkey

9. Ethics in Turkish Public Administration and Public Officers Ethics Board

Author:
Süleyman Yaman Koçak and Gülçin Yüksel
Publication Date:
12-2010
Content Type:
Journal Article
Journal:
Bilgi
Institution:
Sakarya University (SAU)
Abstract:
The Prime Ministry Public Officers Ethics Board, which is serving to develop ethics culture in public administration, to identify ethical behavior principles, and to conduct and research on the contrary actions to these principles, is tried to be investigated in this study. For that purpose, beginning with the 'ethics' concept, the development of 'ethics in administration' in the world and in Turkey are mentioned; later the activities, the applications and the amendment of the Law on the Public Officers Ethics Board are stressed and finally the criticism regarding the Board's structure and functioning are examined.
Topic:
Culture and Law
Political Geography:
Turkey

10. Commentary: Containing the Political Space: Party Closures and the Constitutional Court in Turkey

Author:
Yusuf Şevki Hakyemez
Publication Date:
04-2008
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article discusses the limits of the freedom of political parties in Turkey. The political party bans constitute one of the most important problems threatening the freedom of political parties in Turkey. The restrictions on the political parties come to the fore in two different forms: dissolution after the military coups and closure by means of legislation. In the current context of the case opened against the AK Party, it may be possible and advisable to apply an amendment, bringing Turkish jurisprudence in such matters in line with the standards of the European community. It is concluded that the Constitutional Court should interpret cases of the dissolution of political parties in the context of the principles of "secularism" and the "unitary state" in such a way as to take into account the requirements of the principle of "the rule of law" and to allow different political alignments to express themselves in a "human rights respecting" and "democratic" country.
Topic:
Democratization, Government, Human Rights, Politics, and Law
Political Geography:
Turkey