The EU-Turkey Deal concluded on the 18th of March 2016 has as its main goal the reduction of irregular migration. It is the latest evidence of the increasing externalization of the European Union’s...Show moreThe EU-Turkey Deal concluded on the 18th of March 2016 has as its main goal the reduction of irregular migration. It is the latest evidence of the increasing externalization of the European Union’s asylum policies which is achieved through the conclusion of agreements between the Union and third countries regarding asylum processes. It allows the EU to maintain control over entries into its territory and the asylum process, yet questions have arisen regarding its ability to uphold the rights of asylum seekers and provide respect for fundamental human rights. Under Article 80 TFEU, Union policies are to be governed by the principles of solidarity and responsibility sharing within the European Union and in its relation to the wider world. The EU-Turkey Deal implies Turkey’s status as a Safe Third Country on the basis of Article 38 of the Asylum Procedure Directive under the Common European Asylum System. A failed military coup, a violent breakdown and a refugee population of 2.8 million people of which most are without basic needs all hint toward Turkey’s inability to be designated a Safe Third Country. Many angles to the EU Turkey Deal have been examined, except for its conformity with international and European law. This is where this research paper comes in. It examines Turkey status as a Safe Third Country and investigate its conformity with and ability to uphold the principles of solidarity and responsibility sharing and provide respect for fundamental human rights. To that end, this research paper analyses primary legal sources combined with NGO reports to deconstruct Turkey’s status as a Safe Third Country. An argumentative legal dogmatic methodology examines whether Turkey was in compliance with obligations arising out of international, European and Turkish legal sources. The findings of this analysis are combined with the analysis of the most important court cases of the European Court of Human Rights, the European Court of Justice and NGO reports. This research papers’ main finding is that Turkey cannot be designated as a Safe Third Country and that the Deal violates international and European law. This because Turkey is in breach of three essential requirements to be designated a Safe Third Country; it does not respect the principle of nondiscrimination, it does not respect the principle of non-refoulement and it does not provide for access to the asylum procedure. This results in an inability of the Deal and Turkey to uphold the rights of asylum seekers and to provide for solidarity and responsibility sharing.Show less
