Etat Belge (ECLI definition
Etat Belge (ECLI. EU:C: 1974:41), [1974] [ECJ], para.41. 20 Article 90(5) Turkish Constitution. 90(5), Retrieved from: ▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇ “The Problem of the Application of Less Protective International Agreements in Domestic Legal Systems: Article 90 of the Turkish Constitution”, European Journal of Law Reform, Cilt: 8, 2006, pages: 487–490. 21 ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, “Policy Transfer in the EU: An Institutional Perspective”, British Journal of Political Science, Vol. 35, Number 1, January 2005, p. 109. One of the EURAs turning point stepped forward as the EU created the three- pillar system in the Maastricht Treaty.22 Renamed form of the European Economic Community, the European Communities as the first pillar provided a framework for Member States to reflect expanded competences beyond economic matters. The Common Foreign and Security Policy (CFSP) as the second pillar dealt with the foreign relations at the EU’s External Relations domain. Cooperation in the Fields of Justice and Home Affairs (JHI) as the third pillar established a common asylum policy for the Union in the interest of controlling illegal immigration. When the Treaty of Amsterdam took effect in 1998, the migration policy became a part of the EU acquis in the first pillar and the competence to conclude readmission agreements was conferred upon the EU.23 After the Amsterdam Treaty transferred readmission competences from the Member States to the EU, Member States settled on to conclude ▇▇▇▇▇ that provide the return of not only the nationals of Contracting Parties, also the return of third country nationals explicitly.24 In company with the entry into force of the Lisbon Treaty in 2009, the European Parliament has reached an upgraded power to give its consent to the EURAs in the light of Article 218 TFEU. Another important fact to indicate in the EU readmission policies within the Lisbon Treaty was the creation of the AFSJ on the basis of Article 3(2) TEU in accordance with the control of external borders, asylum, immigration and the prevention of crime. Article 67 TEU assets the criteria for the AFSJ considering also for the first time, the readmission and immigration policy and under Article 4(2)(j), AFSJ falls in the area of shared competence. The shared competences mean that Member States may only exercise their competence where the EU has not exercised on its own. Regarding that fact, the EU agreement will prevail in the case of where a Member State Readmission Agreement coexists with the same third countr...