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The tremendous success of Turkish Lawyer at the visa war with EU
The tremendous success of Turkish Lawyer at the visa war with EU
25 Temmuz 2011 Pazartesi - 20:10
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Dr Yavuz Selim Sariibrahimoglu, who is one of the prominent well known lawyers of Turkey in the international and EU cases, achieved a phenomenal success in his legal struggle against the visa procedure applied to Turkish citizens and came up trumps about the right of petition at the European Parliament.
Sariibrahimoglu Law Office succeeded in providing the European Parliament (EP) to take part in the legal struggle for the termination of Schengen Visa Code.
Yavuz Selim Sariibrahioglu, who wrote an extensive letter to Jose Manuel Barosso, President of EU Commission in January and based the rights and warranties entitled to Citizens of Turkey and Turkish Citizens by Treaty of Rome and Ankara and Customs Union Agreement on the comprehensive legal arrangements, applied to European Parliament and requested reconsideration and restitution of acquired rights.
In the response given by Francesca R. Ratti, European Parliament Deputy Secretary General, on June 20th, it was expressed that the petition was accepted and put in process with the file number 649/11 and the official response and the information about the process would be furnished at the soonest time possible.
Is a code incompatible with the treaty possible?
Lawyer Selim Sariibrahimoglu, conveyed his application for the termination of the visa code including extensive documents to Barosso, President of the EU Commission, Jerzy BUZEK, President of EP, Philip Cordery, EP Party of Socialists and Social Democrats Secretary General, Thomas Grunert, Head of Enlargement Unit,  Diani Wallis, EP Leader of the Liberal Democrats and Vice President of EP, Luis Marco Aguiriano Nalda, General Director of External Policies and several senior EU and EP officials and all EP members.
Leaders of Socialists and Liberal Democrats and Wallis, Vice President of EP responded to the application and expressed their approvals on the legal justifications brought forward and thesis set forth by Sariibrahimoglu and support to the application.
Sariibrahimoglu Law Office, filed a claim to the EU Court for the termination of the Code No. 530/2001 made in accordance with Schengen Visa Agreement beforehand.
According to the regulations of the Annex of this Code, the countries to be required visa were regulated by Annex-1 and the countries exempt from visa was regulated by Annex-2.
In this framework, Turkey took part in the Annex-1 that regulates the countries to be required visa.
Sariibrahiomglu claimed that the Annex-1 list and the regulations of the Code related to Turkey are against the Treaties of Ankara and Rome and Custom Union Agreement.
By the verdict rendered in the year 2008, EU Court of First Instance informed that as Turkey did not use the right of “objection” to the Code No. 539/2001 made in accordance with Schengen Visa Agreement in the legal process of two months, the Code was finalized and thus the request to remove Turkey from Annex-1 containing the list of countries to be required visa is inapplicable. 
However, besides Ankara and Rome Treaties, which have been regulating the Turkey-EU relations for 58 years, also Custom Union Agreement dated 1996 contains comprehensive regulations and warranties about free movement of labor and capital.
For instance, in the Article 12 of Ankara Treaty it is expressed that the parties came to an agreement on complying and securing the regulations of Rome Treaty related to the free movement of workers.
In accordance with the provisions of Article 36, in the Additional Protocol, which is signed in parallel with this it is expressed that “The free movement of workers shall be put into practice progressively in 22 years, thus not later than 1986, after the Ankara Treaty takes effect.”
Furthermore, in the Article 41 of the Additional Protocol, the parties ensure that no new regulations and restrictions about the “Right of free acquisition of services and establishment” shall be imposed.
Despite all these explicit and clear warranties, on the contrary ever increasing restrictions, limitations, aggravated visa procedures have been applied to Turkish Citizens up to now.
Yavuz Selim Sariibrahimoglu stated that “As everything is that clear and explicit and Ankara and Rome Treaties, Custom Union Agreement and Additional Protocol are in existence, the Code based on Schengen Visa Agreement is legally not valid and it is necessary to terminate the Annex-1 list in which turkey takes part in. In fact the right of free movement is entitled to Turkish labor by the above-mentioned agreements.
Moreover, Turkey should focus on the termination of this code instead of negotiating with the countries for the relaxation of the visa procedures one by one. The reason is that such legal documents as Ankara Treaty, which is the inseparable and complementary part of Rome Treaty, and the Additional Protocol signed subsequently are superior than the Code according to the hierarchy of legal norms. Namely, a code that is incompatible with the main text, the agreement is not possible.”
Sariibrahimoglu, who also evaluated the verdict of EU Court of First Instance in the direction that Turkey did not use the right of “objection” to the Code No. 539/2001 made in accordance with Schengen Visa Agreement in the legal prescription period of two months and therefore the Code was finalized, stated that;
“In the case we have filed for the termination of the Code, we reserved the right of bringing action for the damages. Referring to the fact that the Schengen Visa Agreement, which abolishes the free movement right of Turkey in accordance with the EU law, entered into force on March 2011 and none of the foundations such as Ministry of Foreign Affairs, official authorities NGOs, chambers of industry and chambers of commerce objected in the reclamation period which was until June, the Court expresses that the Code was finalized. During that period of time Turkey, the Ministry of Foreign Affairs, official authorities, chambers and commodity exchanges could not examine the issue thoroughly, realize the possibilities and missed the process.”
Legal remedies have not been exhausted
In spite of all these developments and clear actual state, Sariibrahimoglu, who sustains his widely esteemed legal struggle, has given a start to a new movement and process by incorporating EU Law, EU Process, Foundations, Ombudsman, EU Commission, functions of European Parliament and the right of petition that takes place at the EU law (Article 227).
Sariibrahimoglu, who bombarded several EU and EP authorities such as Barosso, President of the EU Commission, Buzek, President of EP, Wallis, Vice President of EP and Francesca Ratti, Deputy Scretary Genaral with letter and petitions, is merely fighting to explain all these process, rightfulness of Turkey, the illegality of the “double standard” applied to Turkey in the framework of EU law and agreements to all Europe.
Sariibrahioglu, who explained extensively in his letters and petitions the “visa exemption” applied to Crotia before becoming an EU member, is claiming that despite the acquired rights of Turkey, the right to stay for a period of 3 months without visa entitled to non-EU member states Bulgaria and Romania is an unfair practice and thus the Schengen Code should absolutely be terminated.
Sariibrahioglu, who was given a response stating that the “Right of Petition” is only entitled to the Citizens of EU member states and residents of Euat the first stage, did not avoid his legal struggle and writing insistently and proved his rightfulness.
In the end, the struggle for TERMINATION OF THE VISA APPLICATION conducted since January was responded and EP administration sent a support message and the petition was registered.
In the response given to Sariibrahioglu by Francesca R. Ratti, Deputy Secretary General of EP, on June 20th, it is noted that the application was put in process with the file number 649/11, the evaluations of 28 EU member states would be received and the formal comprehensive information would be furnished in the shortest time possible.
Lawyer Yavuz Selim Sariibrahimoglu, got the achievement of reaching a new stage in his legal struggle against EU in the name of Turkey. However Sariibrahioglu is expecting the supports and contributions of related official authorities and especially non-governmental organizations, businessmen organizations, chambers and commodity exchanges.
Noting the supports of Aegean Region Chamber of Industry (EBSO) for the free movement of workers, capital and services, termination of the visa code and the removal of Turkey from the Annex-1 list consisting of the countries to be required visa, Sariibrahimoglu stated that;
“Legal remedies still exist. The Ankara Treaty, which is an inseparable part of Rome Treaty, is the determiner and binding BASIC DOCUMENT in the EU relations both for Turkey and EU sides. Therefore, it is clear that an regulation incompatible with the basic document is not possible. As I have mentioned before this is contrary to hierarchy of legal norms. The thing to be done at this stage is to defend that the code and Annex-1 list is invalid and therefore the lapse of time is not acceptable. This is a proper and rightful claim and defense. Moreover, the fact that Ankara Treaty is an inseparable part of Rome Treaty is indisputable and this situation is finalized by several EU court orders.
While Ender Yorgancilar, EBSO Chairman of the Board, expressed that they give support to Sariioglu Law Office for the legal struggle conducted in the presence of the Barosso, President of the EU Commission and EP, complained that EU does not meet the obligations.
While stressing on the issue that in the global world trade, the obstacles to free movement of labor and capital should be abolished, Yorgancilar expressed that mostly the industrialists and businessmen are suffering from the visa procedures applied to Turkey, whose foreign trade rate is 50% with EU member states. Yorgancilar, informed Yavuz Selim Sariibrahioglu about his support for the termination of the Schengen Visa Code and the legal struggle conducted for the right of petition.
Compensation for the damages is on the agenda
Sariibrahimoglu, who noted that besides the demand for termination of the Schengen Visa Agreement that has been in force since 2001, the Code based on this and its Annex-1, a demand for the compensation of the damages suffered during the application process is also possible, stated that;
“A constant and ongoing loss of Turkey is in question. In my estimation, the 5 year period of prescription anticipated for the claim of the damages is not a matter of discussion in this case. Therefore, these conditions, for which 5 year period of prescription is not a matter of discussion, do not constitute an impediment to compensation claim.”
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