Abstract
This chapter discusses the legal implications of Turkey becoming a full member of the European Community. The first part explains briefly the purpose and institutions of the Community and its law-making functions. The second and main part deals with the legal implications of Turkish participation. References throughout this Chapter are basically to the Rome Treaty of 25 March 1957 establishing the European Economic Community (and not to the Treaty establishing the European Coal and Steel Community, signed in Paris on 18 April 1951, and the Euratom Treaty, signed in Rome on 25 March 1957).
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Notes
The point at issue in the case was whether the system of deposits required for export licenses under the common organisation of the market in cereals breached the principle of proportionality, that is, exceeded what was necessary for its purpose. The European Court of Justice repeated what it had said in another case in which it had alleged that certain Community legislation, forbidding the planting of new vineyards for a limited period, infringing upon the right of property guaranteed under the German Constitution (Compare Art. 65, last paragraph, of the present Constitution of the Turkish Republic.)
Village Law, No. 442, Art. 87; Land Registration Law, No. 2644, Art. 35.
To a great extent such approximation or harmonisation attempts require unanimous action, for example, Art. 84 (2) on sea and air transport.
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© 1990 Leske Verlag + Budrich GmbH, Opladen
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Ansay, T. (1990). Constitutional and Legal Implications of Membership. In: Evin, A., Denton, G. (eds) Turkey and the European Community. Schriften des Deutschen Orient-Instituts. VS Verlag für Sozialwissenschaften, Wiesbaden. https://doi.org/10.1007/978-3-663-01422-5_6
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DOI: https://doi.org/10.1007/978-3-663-01422-5_6
Publisher Name: VS Verlag für Sozialwissenschaften, Wiesbaden
Print ISBN: 978-3-8100-0646-2
Online ISBN: 978-3-663-01422-5
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