The Unclaimed

BY YAVUZ DONAT
SABAH- Germany deports 10-12,000 Turks each year without just cause. And it bases this action on ‘German law.’ However, under European Union law, Germany can deport at most 500 Turks. Hamburg’s Europe-Turkey Research Institute (ATA) objected, and it filed a legal challenge. And the court made a binding decision: ‘Article 47 of the German Law on Foreigners cannot be applied to Turks.’ The ruling applies retroactively, and covers all deportations since 1980.
Afterwards many people called the ATA and asked: ‘Under the ruling, we have the right to return to Germany. What should we do now? Where should we apply?’
The institute supplied them with information and told them where to apply, but the applicants say the official organs are unhelpful. Some bodies aren’t even aware of the ruling.
Germany deports 80 Italians every year, and Italy keeps the decisions on file and investigates each, determining the reason and law cited and whether the deportation is legal under EU law. And later Italy applies to the EU Commission, saying that Berlin violated European law. The result? Most Italians deported from Germany go back there. Italy does this for its 80 citizens whereas 10-12,000 Turks are deported, but Ankara does nothing.
In the EU, individual countries’ laws don’t apply in cases such as deportation. This also goes for Turkey, according to the partnership agreement, and the German court stressed this in its ruling. This decision is also a model for other legal challenges and deportations in other countries. The only thing to do is to show the deported people the way.