AB Yine Çifte Standart Uyguladı: Herkese Var Türkiye’ye Yok

Stacy Adams
SERBIA-EU-ENLARGE-BALKANS-VISASAvrupa Birliği’yle üyelik müzakeresi yürütüp de vatandaşlarına vize uygulanan tek ülke konumunda olan Türkiye’den Leyla Ecem Demirkan tarafından açılan davada işlenen tezler Avrupa Birliği Adalet Divanı tarafından kabul edilmedi.2007’de Almanya’daki üvey babasını ziyaret etmek isteyen ancak vize talebi reddedilen Demirkan’ın açtığı dava, “turistlerin pasif hizmet alımı kapsamında değerlendirilmesi gerektiği” tezi üzerine oturtuldu.Avrupa Birliği Adalet Divanı Başsavcısı Pedro Cruz Villalon’un geçtiğimiz nisan ayında açıkladığı, “aile ziyareti amacıyla gidilmek istenen bir ülkede pasif hizmet alımı yapılacağı varsayımında bulunularak Türkiye ile Avrupa Birliği arasında imzalanan Ek Protokol’ün ilgili maddesinin uygulanamayacağı” yönündeki görüşü Divan tarafından da benimsendi.

Lüksemburg’da açıklanan C-221/11 numaralı kararda Ortaklık Anlaşması’nın, Avrupa Birliği antlaşmalarının aksine tamamen ekonomik amaçlı olduğu, gerek Ortaklık Anlaşması’nın gerekse Ek Protokol’ün temel olarak Türkiye’deki ekonomik gelişmeyi teşvik amaçlı olduğunun altı çizildi.

Avrupa Birliği antlaşmaları çerçevesinde Birlik vatandaşlarına tanınan haklarla kıyaslanabilecek şekilde insanların serbest dolaşımı amaçlı ekonomik özgürlüklerin gelişmesinin ise Ortaklık Anlaşması’nın hedefleri arasında bulunmadığı vurgulandı.

 

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