1.

DEFINITIONS

A. READMISSION AGREEMENTS

Readmission Agreements are part of the EUs broader strategy for combating illegal
immigration. Readmission Agreements are adopted by European Council in Tampre, Laeken,
ande Seville. Readmission Agreements include mutual undertakings by the European Union
and third country partners to co-operate over the return of illegal residents to their country of
origin or transit. Reamission Agreements fully respect human rights and fundamental
freedoms, and such are consistent with the EUs human rights policies. Readmission
Agreements constitute a very important component of EUs external migration policy.
Readmission Agreements are regulated by law.

B. VISA FACILITATION AGREEMENTS

Visa Facilitation Agreements between EU and certain third countries on the facilitation of the
issuance of visas provide procedural facilitations for nationals of specific third countries
without altering the conditions of issuing visas. The purpose of visa facilitation agreements is
to promote interaction between the citizens of EU and contracting states. The agreements
servet o facilitate the issuance of visas for a short stay.

C. CIRCULAR MIGRATION

Circular Migration is the temporarly and usually repetitive movement of migrant workers
between home and host areas, typically fort he purpose of employment. Circular migration
can be defined as a form of migration that is manage in a way allowing some degree of legal
mobility back and forth between two countries. There are two main forms of circular
migration which could be most relevant in the EU context are: One of these is circular
migration of third country nationals settled in the EU. This category of circular migration
gives people the opportunities to engage in an activity in their country of origin while
retaining their main residence in one of member states. Other one of these is circular
migrations of persons residing in a third country. Circular migration could create an
opportunity for persons residing in a third country to come to the EU temporarly for work,
study, training or a combination of these, on the condition that, at the end of the period for
which they were granted entry, they must re-establish their main residence and their main
activity in their country of origin.

2. REAMISSION AGREEMENTS AND VISA FACILITATIONS AGREEMENTS IN A

WAY OF TURKEY

A. HISTORICAL BACKGROUND

Controlling migration and safety issue for Europe has been an important place for EU
memberships. And based on this concept, EU firstly had put the migration and asylum issues
to common interest of member states with the 1992 Maastricht Treaty. And with the 1999
Amsterdam Treaty,The European Community were authorized to states for the first time about
signing readmission agreements. Negotiations for the Readmission agreement between the
European Union andTurkey started in 2003. The first official talks met in Brussels in May
2005, after four meetings, the talks were suspended in December 2006.

In time, losting in the speed of EU accession negotiations to a halt with the arrival of a
readmission agreement between Turkey and the EU, took place again at the bargaining table.
Both sides, not see a possible of Turkey's EU full membership in the near future and due to
becaming an important transit country of Turkey for irregular migration to the EU, agreement
became an important factor in agenda again. With this agreement; visa facilitation and after
visa liberalization process created a Turkey's priority in this new era of negotiations.

Turkey open up to(scak bakmk) readmission permition both its citizens and also third-
country nationals who residence in Turkey but the only issue to be resolved in the
negotiations were the status of third-country nationals that using Turkey as a transit route.

In December of 2009, with re-starting negotiations on a readmission agreement; Turkey

repeated that , in the signing of this agreement, visa facilitation and liberalization process is an
essential element for them.

21 June 2012, the draft agreement was initialed by the parties in Brussels. However, after this
date a deadline and a road map has been not created for final signature of the agreement.

Nowadays this process, a Readmission Agreement will begin with sign in Ankara on
December 16. And in the statement made by Foreign Minister Ahmet Davutoglu, the most
important sections of visa facilitation for interests of the citizens will be include:

-Businessmen, artists, athletes, journalists have many in and out(giri,kl)-visas will be

from 2 to 5 years.

-Retirees, under the age of 12, non-governmental organizations managers will not pay the visa
fee.

-Visa applications will be finalized within 15 days.

-If applications reject, reason will be notified in writing and will have the right to sue(dava
ama hakk) in case of rejection.

-Visa fees will fall from 60 euro to 35 euro.

-Visa will be given to people in a very short time who are previously lived in an EU country
for a long time but then return to Turkey.

B. TURKEY'S CONCERNS

Reservation 1: When Readmission Agreement enters into force (yrrle girmek), third
country nationals (not Turkish citizens) who made illegal entry via Turkey to 28 EU countries
will automatically return to Turkey on the agenda. In addition, such as accommodated to these
people, finding them jobs, security problems may occur. Thus Readmission Agreement can
bring financial burden to Turkey. Especially, Greece will be spared from this financial burden.
For instance; proclamation of EU External Border Safety Agency (FRONTEX) : '' Illegal
immigration totally in 2012, 72.437 and 36877 of it had been in the Turkey-Greece border.

Reservation 2: This problems have content of readmission of persons envisaging whose

asylum claim rejected and considering the lack of data on immigrants it appears as a separate
charge on.

Reservation 3: Another issue discussed EU visa facilitation to Turkey for the start of the
signing of Readmission Agreement, such as biometric passports and border security issues
must be running.

Because, visa exemption is a subject come up when having a progress in the accession
process. And Readmission Agreement like a cooperation agreement that, countries who are
basically not to allow EU and halt the illegal immigration towards to EU. For example:
Entering without a visa was obtained to Western Balkan countries citizens to EU from 19
December 2009 (Serbia, Montenegro and Macedonia). EU had lifted (kaldrmak) visa
requirements within the scope of (kapsamnda) visa exemption to citizens of these three
countries. But only for visa-free travel.

Reservation 4: In addition, illegal immigration, is the EU's problem not Turkey.And also
Turkey is trying to help to EU for this problem, not the EU to Turkey. So this provide more
benefits to EU from financial aspects.

3. READMISSION AGREEMENT AND VISA FACILITATION WITH THIRD

COUNTRIES

A. NEGOTIATIONS AND CONDITIONS OF VISA POLICY

EU Readmission Agreements are negotiated by the Commission on the basis of a negotiating

mandate given to it by the Council.So far, The Council has issued 18 negotiating mandates.
As Table 1 shows, by the time the negotiations with the Western Balkan countries started in
2006, the link between readmission and visa facilitation had become acceptable for EU
member states.

Table 1.1. EC Visa Facilitation and Readmission Agreements: State of Negotiations:

The Readmission Agreements with the Hong Kong Special Administrative Region was
concluded within six months in November 2001 and approved by the Council and the EP
byNovember 2002.

The Hong Kong readmission agreement, the ECs first such agreement, entered into force on
1 May 2004. Negotiations were concluded with Macao after two years on 13 October 2003,
Sri Lanka after three years on 25 November 2003 and Albania after two years on 18
December 2004. Five years on the EU and Russia finally concluded a readmission agreement
on 12 October 2005 and signed it on 25 May 2006. The last iniateled a readmission agreement
with Ukraine on 27 October 2006, four years after the issuance of its mandate. (Roig &
Huddleston 2007)

The majority third countries have attempted to delay each step of the negotiation process
from the launch to the signature and the entry into force. In most cases, an average of two
years passed without even a formal response to the invitation to open negotiations. The
launch of negotiations took two years with Turkey, three years with Morocco, and four
years with Pakistan. The Commission describes negotiations with these countries as
ongoing states (Commission Press 2005 and Roig 2007).

EC Visa Facilitation and Readmission Agreements: Ongoing Negotiations

A negotiation mandate was agreed for China and Algeria in 2002 and for Morocco in 2000.
Negotiations are stiil contiuning with these countries. But Turkey will sign on 16 December
2013.(Commission report)

According to Commission, the main cause for the delay in negotiations is the lack of
incentives to reach an agreement and a lack of willingness to on the part of some member
states to compromise on technical issues.

According to Commission, a fundamental shift has to be made in devising EU Readmission

Agreements, in particular as concerns the incentives and identifies four incentives:

Offering Visa Facilitation Agreement which make it easier and cheaper for third
country nationals to obtain a short stay visa.
Providing more substantial financial assistance by supporting reintegration policies
and funding reception facilities for third country nationals awaiting onword
readmission to their country of origin.
Developing more mobility partnership between EU member states and third countries
which offer improved opportunities for legal migration inreturn for enhanced
cooperation on illegal immigration and readmission
Embedding readmission in framework agreement with third countries so that it forms
part of a broader negotiating package, with appropriate sanctions for failing to
cooperate effectively in tackling illegal immigration.

The Commission recommends developing these 4 incentives into a coherent package and
identifying in future negotiating mandates the particular incentives an offer to a third country,
while also indicating possible retalitation measures which the EUs would take in the event of
unjustified and persistent lack of cooperation in tackling illegal immigration.

Readmission Agreement has provided also some facilities. The purpose of this agreement is to
facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than
90 days per period of 180 days to the citizens of the EU and third countries.This agreement
provide the multiple-entry visas easier.Citizens of the third country or the member states,
holders of valid diplomatic passports may enter, leave and transit through the territories of the
member states or the third countries without visas.
B. UKRAINESITUATION

Ukraine protesters topple Lenin statue in Kiev.Ukraine protesters angry over their
governments decision to seek closer economic ties with Russia a statue of Lenin in the capital
Kiev. The action came after an anti-government rally in Kiev attended by hundreds of people.

President Yanukovi refuse to sign the free trade agreement. The causes of the rejection:
pressure of Russia and according to Yanukovi; price one has to pay is not
fair.(www.sendika.org)

Ukraine made bargain with EU for the more financial support. They defended trade
liberalization. The import tax of EU for Ukrainian goods should be removed during 7 years.
The import tax of Ukraine for EUs goods should be removed during 10 years.So, Ukrainian
groos national product will grow 6% in the 10 years.(www.sendika.org)

Negotiating group composed of representatives of the European Union came to Ukraine for
solution seeking to the situation.They support the will of early elections of public and they
call for that Russia should not pressure on Ukraine.

Ukraine has some concerns about the agreement.The agreement divides Ukrainian society
into two groups, namely the privileged few who can get a multiple-entry visa, benefit from a
simplified procedure,or profit from the waiving of the application fee for the visa, and as to
the remainder: the vast majority of ordinary citizens who cannot enjoy such advantages. This
can create a feeling of discrimination and lead to the conclusion that the European Union is
interested only in the Ukrainian elite. This is turn can lead to the EU being seen in a negative
light.

In addition; the priviliged categories are to include journalists, business people and drivers,
and that favouritism might easily lead to corruption.

Merve Doaner

Hasan Bilici

Sinem Sonugr