Turkish Grand National Assembly approved 568 Laws between November 2002 and April 2005. Major Legal Reforms Carried out from 2001 in Turkey.
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Turkish Grand National Assembly approved 568 Laws between November 2002 and April 2005.
I.Constitutional AmendmentsII.Harmonization PackagesIII.Other Reforms Outside the Harmonization PackagesIV.National Judiciary Network Project(UYAP)
Harmonization Package: a collection of amendments to different laws,designed to amend more than one code or law at a time, and which was approved or rejected in a single voting session in Parliament.
Total 49 articles of the Constitution, which is almost one-third of the 177 articles of the Constitution.
Constitutional amendments are all related with fundemental rights and freedoms such as:
freedom of thought and expression
Prevention of torture
Illegally obtained findings
freedom of communication
Total abolition of death penalty
Articles 107 and 128 of the Code of Criminal Procedure were amendedto expand the scope of the freedom of expression.
Pre-trial detention periods were aligned with international standarts.
With the amendment in the Law of Civil Servants ensured to recourse to the compensation paid by the state in compliance with judgments of the European Court of Human Rights against personnel responsible for cruel, inhuman or degrading treatment.
the Law on the Establishment of Radio and Television Enterprises lifted the restrictions on broadcasting and teaching in the different languages and dialects traditionally used by Turkish citizens in their daily lives.
The Civil, Criminal,and Administrative Procedural Laws were amended to allow for retrial in light of the decisions of the European Court of Human Rights for civil criminal, and administrative cases
The permission procedure for prosecution of civil servants and other public employees for allegations of torture and mistreatment have been abolished.
According to new amendments, the imprisonment sentences for torture and mistreatment cannot be converted into fines or any other measures and cannot be suspended.
The procedure of closure of political parties has been complicated and the sanction of depriving political parties partially or fully of state aids, has been adopted as an alternative to closure
The sixth package has also included amendments in the area of religions freedom and community foundations. The needs for places of worship of different religions and faiths has been taken into consideration with an amendment to Construction Law.
Turkish Civil Code
Law on Family Courts
Law on Justice Academy
Law on Electronic Signatures
New Turkish Penal Code
Code on Criminal Procedure
Law on Establishment of the Intermediate Court of Appeals
Law on Enforcement of the Punishments
and Security Measures
Law on Misdemeanours
IV- NATIONAL JUDICIAL NETWORK PROJECT – NJNP (UYAP)
GENERAL STRUCTURE NJNP
Gendarmeie Head Commandership
Counrt of Administration
Ministry of Justice
Court of Cassation
Directorate General of the Police.
Province in Figures
What does NJNP bring ?
All kinds of data, İnfromation, document flow and documentation management will be realised with the help of the National Judiciary Network Project.
The Automation of the Provincial Units consists of these sub-systems.
Verdict Support Systems
WHAT IS THE MAIN FACTORS CONTRIBUTING TO THAT SUCCESSThe integration process of Turkey with the EUDomestic dynamics of Turkish society Initiative of the new Turkish government and its decisivenessNecessity of using technology in order to cope with workload.
MAJOR PROBLEMS CURRENTLY FACED WITH REGARD TO
JUDICIAL INDEPENDENCE AND EFFICIENCY
appointment, promotion, discipline and, broadly speaking, the careers of all judges and prosecutors are determined by the High Council of Judges and Prosecutors, which is chaired by the Minister of Justice and of which the Under-Secretary of the Ministry of Justice is also a member.
In 2003, totally 4.846.612 cases dealt by the 6120 functioning courts (except administrative courts) throughout Turkey with the average workload of 792. In 2002, 5912 courts dealt with 5.099.552 cases with the average of 863 cases.
I-ARBITRATION: A-TURKISH DOMESTIC ARBITRATION : Turkish Domestic Arbitration is mainly regulated under the Articles of 516-536 of Civil Procedural Law and other laws. 1-Compulsory Arbitration: a)solutions of disputes between public institutions required by the Law numbered 3353.b)Tobacco and tobacco monopoly Lawc)collective labor disputesd)disputes carried out by the Stock Exchange Councile)Settling the disputes at the Customs Arbitration Board.f)Rice cultivation Comittee acts as an arbitrator in the Law numbered 3039g)Determination of remuneration by the Bar Association Management Boardh)Determination of the fee to be paid by the Public Notaries Chamber
2-Voluntary Arbitration:a)Arbitration regulated under the Articles of 516-536 of Civil Procedural Lawb)Private arbitration method for collective Labor Law c)Voluntary arbitration in Artisans Law.d)Voluntary arbitration in Chambers Union Lawe) Voluntary arbitration in Cooperatives Lawf) Voluntary arbitration in Attorneyship Law
B-TURKISH INTERNATIONAL ARBITRATION: 1- International Arbitration Law numbered 46862-The Law numbered 45013-Private International Law and Procedure Law numbered 26754-New-York Convention5-European Convention On International Commercial Arbitration6-ICSID(Washington)Convention:Turkey also has 70 bilateral investment agreements with several countries and there are arbitration clauses in these agreements.
CONCILIATION1-Conciliation regulated in Attorney-ship Law2-Conciliation in Family Law3-Mandatory conciliation in Labor Law4-Conciliation in Criminal Law:MEDIATION IN CONSUMER PROTECTION LAW:
Judicial accountability :Judges and public prosecutors also have civil liability besides criminal liability. They can be sued because of their partial behaviours, decisions(verdict) explicitly contrary to law, when they refrain from exercising their judicial duties,etc.