Post on 18-Dec-2015
transcript
Ali Rıza ÇAMReporter Judge in Ministry of Justice, Turkey
Republic of Turkey
Ministry of Justice
TURKISH JUDICIAL SYSTEM
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
Court of Cassation(Appeal)
Criminal Departments Civil Departments
Republic of Turkey
Ministry of Justice
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.
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
Administrative
Courts
(Regional) of Appeal
Administrative Courts Tax Courts
COUNCIL Of STATE
Republic of Turkey
Ministry of Justice
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.