Turkish grand national assembly approved 568 laws between november 2002 and april 2005
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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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I.Constitutional Amendments November 2002 and April 2005.II.Harmonization PackagesIII.Other Reforms Outside the Harmonization PackagesIV.National Judiciary Network Project(UYAP)


Harmonization Package: November 2002 and April 2005. 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.


I constitutional amendments

I.Constitutional Amendments November 2002 and April 2005.

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

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


  • Freedom of press rights and freedoms such as:

  • Equality of spouses in the family, and also between man and woman

  • Surrender of citizen to International Criminal Court

  • priority of the conventions on human rights over conflicting national legislation

  • Abolution of State Security Courts

  • scrutiny of the Armed Forces’ possessions by the Court of Auditors,

  • reduction on the competence of National Security Council.


Harmonization packages: rights and freedoms such as:

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.


Iii other reforms

III.OTHER REFORMS 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

Law on Enforcement of the Punishments 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.

and Security Measures

Law on Misdemeanours


Iv national judicial network project njnp uyap

IV- NATIONAL JUDICIAL NETWORK PROJECT 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.– NJNP (UYAP)


GENERAL STRUCTURE NJNP 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.

Gendarmeie Head Commandership

Courthouse

Counrt of Administration

Citizens

Land Registry

Ministry of Justice

Court of Cassation

Directorate General of the Police.

Courthouse


Province in Figures 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.

  • 854 Courthouses in 81 cities and 773 districts

  • 416 Prisons and detantion houses

  • 23 Units of Medical Jurisprudence Institution

  • Approximately 25.000 Users


What does NJNP bring 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. ?


Documentation Management 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.

Documentation Management

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.

  • Personnel Management

  • Financial Management

  • Supply Managament

  • Procurement Management

  • Training Management

  • Convict-Detainee Management

  • Jurisprudence

  • Verdict Support

  • Enforcement-Bankruptcy System

  • Document Management System

  • Medical Jurisprudence

  • General Support


Verdict Support Systems sub-systems.

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  • The aim is;

  • To prevent procedural errors during legal proceeding, to minimise other possible errors,

  • To provide accuracy and speed to the legal proceedings,

  • And to increase public trust in justice


WHAT IS sub-systems.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 FACE sub-systems.D WITH REGARD TO

JUDICIAL INDEPENDENCE AND EFFICIENCY


Judicial i ndependence

Judicial I sub-systems.ndependence

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.


Judicial efficiency

Judicial Efficiency sub-systems.

AVARAGE WORKLOAD

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.


Degreasement in number of cases and trial periods after the year 2001
Degreasement in sub-systems.number of cases and trial periodsafter the year 2001


I-ARBITRATION: sub-systems.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 Law c)collective labor disputes d)disputes carried out by the Stock Exchange Council e)Settling the disputes at the Customs Arbitration Board. f)Rice cultivation Comittee acts as an arbitrator in the Law numbered 3039 g)Determination of remuneration by the Bar Association Management Board h)Determination of the fee to be paid by the Public Notaries Chamber


2-Voluntary Arbitration: sub-systems. a)Arbitration regulated under the Articles of 516-536 of Civil Procedural Law b)Private arbitration method for collective Labor Law c)Voluntary arbitration in Artisans Law. d)Voluntary arbitration in Chambers Union Law e) Voluntary arbitration in Cooperatives Law f) Voluntary arbitration in Attorneyship Law


B-TURKISH INTERNATIONAL ARBITRATION: sub-systems.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.


CONCILIATION sub-systems. 1-Conciliation regulated in Attorney-ship Law 2-Conciliation in Family Law 3-Mandatory conciliation in Labor Law 4-Conciliation in Criminal Law:MEDIATION IN CONSUMER PROTECTION LAW:


Judicial accountability sub-systems. :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.



Top priorities in the coming year
TOP PRIORITIES IN THE COMING YEAR Turkish Judicial System

  • Dissemination of NJP(UYAP) whole country

  • Reaching EU standards concerning judicial effectiveness

  • Training of Judges and Public Prosecutors in order to enforce judicial reforms

  • Adoption of Draft Commercial Code and Code of Obligations

  • Establishment of Intermediate Courts of Appeal. Increasing the number of the specialised courts

  • Transferring some administrative duties of public prosecutors to administrator staff

  • ADRs.

  • Entitling notaries in some Judicial matters.


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