TORKiYE BAROLAR BiRÙ G%i. il - Türkiye Barolar Birliği Yayınları

VATANDAŞ UK, GÖÇ, MÜLTECI VE YABANCILAR HUKUKUNDAK İ GÜNCEL GELİŞMELERother phases in conflict after the alleged final resolution by thelaw."lndeed, it is possible to viewthe legal reality of Turkish citizenmigrants as an example of complex European legal pluralism(Arnaud 1995) in which many actors, who do not always sharethe same goals, play a role (see Figure ı ). The role of some actorsand instruments is clearer than of others when looking at thejudgments and legislative a ndJor treaty material, but the rangeof actors and interested parties within this larger, complex legalpluralism is potentially wider than that.Representatives of communities of Turkish citizens abroadplay a role in facilitating dialogue between domestic lawmakersand their own members. Members of communitles in di-fferentstates also have a role in engaging with individuals as the latter'snetwork of 'prirnary social relations' (Erdemir and Vasta 2007).Legal advisers and community organisations offering help andsupport (including legal advice) come in as their network of'secondary social relations' (Erdemir and Vasta 2007). Both theseprimary and secondary social networks wilI play a key role inhow the legal status of the individual Turkish citizen is managedthrough its different stages.The domestic implementing authorities (Home Office/UKBorder Agency) act to establish the general rules and as initialdecision makers which often sets the tone for how applicationsby Turkish citizens are dealt with at later stages in the legalprocess. The domestic tribunals and courts and the ECJ are thenext level of standard setters in how the Ankara Agreement ndProtocol obligations should be pursued but, as we wilI see, thereare difFerences of approach as between these fora. While the EUbodies such as the Commission and Parliament may intervenein legal proceedings in the ECJ, only the Commission has done50 far, while the Parliament has often been the avenue throughwhich general issues of Turkey's accession and the particularissues regarding the enforcement of judgments can be aired.Member States have multifaceted roles. They are directpolitical negotiators, together with Turkey, in the setting ofARIICLE BYPRAXASH SHAH301