ali rıza Çam reporter judge in ministry of justice, turkey republic of turkey ministry of justice...

Ali Rıza ÇAMReporter Judge in Ministry of Justice, Turkey

Republic of Turkey

Ministry of Justice

TURKISH JUDICIAL SYSTEM

Administrator

Distingueshed Guests, Ladies and Gentlemen:I am pleased to be here, on behalf of Ministry of Justice the Republic of Turkey.We are honored to take part in this Summit by reason of presenting our Project UYAP, namely National Judiciary Network Project.

According to Turkish Constitution article 2 :

“Turkey is a democratic, secular and social state based on rule of law”

The principle of separation of powers exist in Turkey. In line with, this principle, judicial power is exercised by the independent courts on behalf of Turkish nation.

Republic of Turkey

Ministry of Justice

Some facts and figures on Turkish Justice System

INDEPENDENCE OF JUDICIARY

• Judges are independent in discharging their duties.• • No organ, authority, office or individual may send

them circulars, or make recommendations or suggestions.

• Legislative and executive organs and the administration shall comply with court decisions

Guarantees of Judges and Public Prosecutors

• Judges and prosecutors;

• shall not be dismissed, or retired before the age prescribed by the Constitution;

• nor shall they be deprived of their salaries, allowances or other rights relating to their status

FUNCTIONS OF THE HIGH COUNCIL

• Admission of judges and public prosecutors into the profession,

• appointments, transfers to other posts, the delegation of temporary powers,

• promotion and allocation of posts,• decisions concerning those whose continuation

in the profession is found to be unsuitable,• the imposition of disciplinary sanction and • removal from office

Civil

Jurisdiction

Administrative

Jurisdiction Constitutional

Jurisdiction

HIGH LEVEL COURTHOUSES

Constitutional

Court

Court of

Cassation

Council of

State

1. Court System

Republic of Turkey

Ministry of Justice

Administrator

In Turkey judicial power exercises mainly by different three high level courthouses Those are:1Constitutional Court, 2Court of Cassation,and 3Council of State Three seperated jurisdictions are used by those high courts1- puts in to effect the turkish constitution over turkish statute's law and supervises the compatibility of the turkish acts with the turkish constitution2-works as a court of appeal, it is upper (superior) court of criminal and civil courts3- reviews administrative court's judgements and makes for government consultancy (over sb/sth) | ~ (of sb/sth) (to do sth) the authority that an official organization has to make legal decisions about sb/sth:The Court of Appeal exercised (kullanmak) its jurisdiction to order a review of the case. * These matters do not fall within our jurisdiction.2[C] an area or a country in which a particular system of laws has authority:Practice varies between different European jurisdictions.

Court of Cassation(Appeal)

Criminal Departments Civil Departments

Republic of Turkey

Ministry of Justice

Administrator

according to turkish constitution article 9; judicial jurisdiction is exercised (enforced, used) in the name of Turkish nation by the independent courts MADDE 9 - YARGI YETKİSİ, TÜRK MİLLETİ ADINA BAĞIMSIZ MAHKEMELERCE KULLANILIR.in general means the laws in civil judicial jurisdiction area is implemented by those courts in that system in the high level is Court cassation under tyhe highest court COC thera are principally two different courts.In civil jurisdiction consist of two part. Firs part ist general courts and second part is specialized courtsspecial court are processed the preserve acts or lawsuits, which are given (processed) from the special statutes

First Instance courts

Criminal Courts Civil Courts

Peace Courts

General Civil Courts

General Criminal Courts(Penal Court)

Felony Courts(High Criminal Court )

Magistrate Courts

Republic of Turkey

Ministry of Justice

MILITARY COURTS

• Military justice is exercised by military courts and disciplinary courts. These courts have jurisdiction to try military personnel for military offences, for offences committed by them against other military personnel or in military places, or for offences connected with military service and duties. (Article 145 of the Constitution)

Specialised Courts

Commercial C.

Labour C.

Maritime C.

Land Registry C.

Family C.

Consumer C.

Juvenile C.

Enforcement C.

Traffic C.

Administrator

Besides of general courts we have also specialised Courts

COUNCIL Of STATE

Republic of Turkey

Ministry of Justice

1. Council of the state consists of twelve departments:

1. Department’s task is consultancy

2. Department’s task is assize of the officers

2. Other ten departments task is appeal on administrative and tax cases

Administrator

administrative jurisdiction (authority/power) is exercised (the use of power to make sth.) of as a suprime court by council of state , cos is higest stage in adminastrative judiciary.as preliminiry level (first instance) by administrative courts and tax court. as appeal court by administrative Courts of appeal.Appeal against the Local Resolution process is made to Administrative courts of appeal

Administrative

Courts

(Regional) of Appeal

Administrative Courts Tax Courts

COUNCIL Of STATE

Republic of Turkey

Ministry of Justice

Administrator

administrative jurisdiction (authority/power) is exercised (the use of power to make sth.) of as a suprime court by council of state , cos is higest stage in adminastrative judiciary.as preliminiry level (first instance) by administrative courts and tax court. as appeal court by administrative Courts of appeal.Appeal against the Local Resolution process is made to Administrative courts of appeal

Number of the Judges and Prosecutors

High Criminal Courts Centres 134

Courthouses 587

Judges 6.199

Public prosecutors 4.114

Administrative judges 1.259

Personnel 59.037

Forensic Medicine Units 63

Penitentiary and Detention Houses 375

The Annual Number of Case in Turkey

Presecution Files 8.763.011

Criminal Cases 2.764.497

Civil Lawcases 2.180.305

Administrative Cases 409.151

Enforcement Cases 9.640.699

All judiciary processes, case management, trials, correspondence and transactions were transmitted into the electronic environment which enables paperless office structure.

ali rıza Çam reporter judge in ministry of justice, turkey republic of turkey ministry of justice...

Documents

constitution slide

office slide

turkish justice system

status slide

court decisions slide

independent courts

disciplinary courts

military offences