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Turkey Pressed To 'Update' Constitution

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  • Turkey Pressed To 'Update' Constitution

    TURKEY PRESSED TO 'UPDATE' CONSTITUTION
    By Rikard Jozwiak

    European Voice
    Sept 16 2008
    Belgium

    EU suggests it will soon expand accession talks with Turkey, but
    urges it to revise its constitution.

    The EU has called on Turkey to "update" its constitution in the wake
    of Turkey's constitutional court's decision to reject an attempt to
    ban the country's ruling party.

    Speaking late on 15 September, after a biannual meeting with Turkey's
    foreign minister, Olli Rehn, the European enlargement commissioner,
    said that Turkey's political elite should seize on the rare moment of
    political stability "to update its constitution to reflect the country
    and society it has become and to consolidate rights and freedoms for
    its citizens".

    The court ruled, very narrowly, in late July that the governing
    Justice and Development (AK) party had not breached its constitutional
    obligation to maintain Turkey's secular order, a ruling that has
    eased some of Turkey's political tensions.

    Turkey's foreign minister, Ali Babacan, did not comment on Rehn's
    call, but emphasised that Turkey has already made numerous legal
    changes in order to comply with EU rules and, in particular, changes
    to the notorious Article 301 of its penal code. The article, which
    made it a crime to "insult Turkishness", had been invoked in numerous
    cases brought against public intellectuals who raised questions about
    the culpability of Turks in what Armenians and a growing number of
    countries describe as the genocide of ethnic Armenians in the latter
    years of the Ottoman Empire. The article has not been repealed, but has
    been modified to replace "Turkishness" with "the Turkish nation" and
    it can now only be invoked with the permission of the justice minister.

    Accession talks The biannual meeting of foreign ministers from Turkey
    and from the current and next occupants of the EU's presidency - on
    this occasion, France and the Czech Republic - produced no concrete
    results, but France's European affairs minister, Jean-Pierre Jouyet,
    said that the EU expected to expand accession talks with Turkey during
    its presidency.

    Turkey has so far opened 10 chapters of the EU's acquis communitaire,
    the body of legislation that must be transposed into national
    legislation before enlargement. It has, though, provisionally closed
    only one. Talks on two another have been frozen since December 2006
    because of Turkey's refusal to open its ports to Cypriot ship. For the
    same reason, the EU has also refused to discuss opening another six,
    principally on trade issues and foreign affairs.

    Jouyet said did not say how many chapter the EU expects to open this
    year, but Rehn hinted that two chapters might be opened: Chapter Four,
    on the free movement of capital, and Chapter Ten, on information
    society and media.

    Sources in Brussels also suggest that Chapter 15, on energy, might
    be opened before the Czech Republic takes over the presidency of the
    EU, in January 2009. In part due to the recent crisis in Georgia,
    energy has become a key area for the EU, as it is keen to diversify
    its energy sources and reduce its dependence on Russia.

    Babacan also mentioned that Turkey was ready to open negotiations
    on two other chapters, one on economic and monetary policy and the
    other on culture and education.

    Both could be politically sensitive for the EU, as completion of the
    economic chapter would bring forward the notion of Turkey adopting the
    euro, while the chapter on education could raise difficult questions
    about the massacres of Armenians in 1915.

    France, which is one of the countries that describes the killings as
    genocide, is one of the strongest opponents of Turkish membership of
    the EU. However, Jouyet, who chaired the meeting in the absence of
    the Foreign Minister Bernard Kouchner, insisted that Paris would lead
    negotiations impartially during its occupancy of the EU presidency.
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