Özet:

The political, economic and social problems caused by the migration movements have brought along the search for permanent and long-term solutions in the migration management of the host states. In this context, voluntary return, which serves the right of individuals to return to their country of origin on the one hand, and the tendency of states to limit their own obligations on the other, is the most supported solution by the states. In this study, initially the concept of voluntary return is examined within the framework of international legal sources and principles. Then, the European Union policies and exemplary practices regarding voluntary return in certain European countries including Belgium, Switzerland, United Kingdom and Norway are explained. Next, the voluntary return mechanism under Turkish legislation and current practices have been examined. When Turkish law is considered, the legal basis for the concept of voluntary return can be found under the Law on Foreigners and International Protection. The Regulation of the Application of the said Law and the Temporary Protection Regulation also contain provisions on voluntary return. After these examinations, the elements that should be included in an ideal voluntary return mechanism are evaluated. When international law and best practices in voluntary return are observed, it is understood that voluntary return mechanism should be designed as a program aiming to provide assistance for an organized, safe and dignified return to those who voluntarily choose to return to their country of origin or to a safe third country. Finally, it is concluded that taking into account the increasing regular and irregular migration movements towards Turkey in recent years, regulating the voluntary return in a more detailed legal basis with a secondary legislation emerges as an important solution for a planned, economic and effective migration management in Turkey.

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