Turkish Grand National Turkish Grand National Assembly approved 568 Assembly approved 568 Laws between November Laws between November

2002 and April 2005.2002 and April 2005.

Major Legal Reforms Carried out Major Legal Reforms Carried out from 2001 in Turkeyfrom 2001 in Turkey

I.Constitutional AmendmentsI.Constitutional AmendmentsII.Harmonization PackagesII.Harmonization PackagesIII.Other Reforms Outside the III.Other Reforms Outside the Harmonization Packages Harmonization PackagesIV.National Judiciary NetworkIV.National Judiciary Network Project(UYAP) Project(UYAP)

Harmonization Package:Harmonization Package: a a collection of amendments to collection of amendments to different laws,designed to different laws,designed to amend more than one code or amend more than one code or law at a time, and which was law at a time, and which was approved or rejected in a single approved or rejected in a single voting session in Parliament.voting session in Parliament.

I.Constitutional I.Constitutional AmendmentsAmendments

Total 49 articles of the Constitution, Total 49 articles of the Constitution, which is almost one-third of the 177 which is almost one-third of the 177

articles of the Constitutionarticles of the Constitution..

Constitutional amendments are Constitutional amendments are all related with fundemental all related with fundemental

rights and freedoms such as:rights and freedoms such as:

freedom of thought and expressionfreedom of thought and expression Prevention of torturePrevention of torture Illegally obtained findingsIllegally obtained findings freedom of communicationfreedom of communication Total abolition of death penaltyTotal abolition of death penalty

Freedom of pressFreedom of press Equality of spouses in the family, and also Equality of spouses in the family, and also

between man and womanbetween man and woman Surrender of citizen to International Surrender of citizen to International

Criminal CourtCriminal Court priority of the conventions on human priority of the conventions on human

rights over conflicting national legislation rights over conflicting national legislation Abolution of State Security CourtsAbolution of State Security Courts scrutiny of the Armed Forces’ possessions scrutiny of the Armed Forces’ possessions

by the Court of Auditors,by the Court of Auditors, reduction on the competence of National reduction on the competence of National

Security CouncilSecurity Council..

Harmonization packages:Harmonization packages:Articles 107 and 128 of the Code of Criminal Articles 107 and 128 of the Code of Criminal Procedure were amendedProcedure were amended to to expand the expand the scope of the freedom of expressionscope of the freedom of expression..Pre-trial detention periods were aligned with Pre-trial detention periods were aligned with international standarts.international standarts.With With the amendment in the Law of Civil the amendment in the Law of Civil Servants ensured to recourse to the Servants ensured to recourse to the compensation paid by the state in compensation paid by the state in compliance with judgments of the European compliance with judgments of the European Court of Human Rights against personnel Court of Human Rights against personnel responsible for cruel, inhuman or degrading responsible for cruel, inhuman or degrading treatment.treatment.

•the Law on the Establishment of the Law on the Establishment of Radio and Television Enterprises Radio and Television Enterprises

lifted the restrictions on lifted the restrictions on broadcasting and teaching in the broadcasting and teaching in the different languages and dialects different languages and dialects

traditionally used by Turkish traditionally used by Turkish citizens in their daily lives. citizens in their daily lives.

The Civil, Criminal,and The Civil, Criminal,and Administrative Procedural Laws Administrative Procedural Laws were amended to allow for retrial were amended to allow for retrial

in light of the decisions of the in light of the decisions of the European Court of Human Rights European Court of Human Rights

for civil criminal, and for civil criminal, and administrative cases administrative cases

The permission procedure for The permission procedure for prosecution of civil servants and prosecution of civil servants and

other public other public employeesemployees for for allegations of torture and allegations of torture and mistreatmentmistreatment have been have been

abolished.abolished.

According to new amendments, According to new amendments, the imprisonment sentences for the imprisonment sentences for torture and mistreatment cannot torture and mistreatment cannot be convertedbe converted in into fines or any to fines or any other measures and cannot be other measures and cannot be

suspended.suspended.

The procedure of closure of The procedure of closure of political parties has been political parties has been

complicated and the sanction of complicated and the sanction of depriving political parties partially depriving political parties partially

or fully of state aids, has been or fully of state aids, has been adopted as an alternative to adopted as an alternative to

closureclosure

The sixth package has also The sixth package has also included amendments in the area included amendments in the area

of religions freedom and of religions freedom and community foundations. The community foundations. The

needs for places of worship of needs for places of worship of different religions and faiths has different religions and faiths has

been taken into consideration with been taken into consideration with an amendment to Construction an amendment to Construction

Law.Law.

III.OTHER REFORMSIII.OTHER REFORMSTurkish Civil CodeTurkish Civil CodeLaw on Family CourtsLaw on Family CourtsLaw on Justice AcademyLaw on Justice AcademyLaw on Electronic SignaturesLaw on Electronic SignaturesNew Turkish Penal CodeNew Turkish Penal CodeCode on Criminal ProcedureCode on Criminal ProcedureLaw on Establishment of the Law on Establishment of the Intermediate Court of Appeals Intermediate Court of Appeals

Law on Enforcement of the PunishmentsLaw on Enforcement of the Punishments and Security Measuresand Security MeasuresLaw on Misdemeanours Law on Misdemeanours

IV- NATIONAL JUDICIAL IV- NATIONAL JUDICIAL NETWORK PROJECT NETWORK PROJECT – –

NJNP (UYAP)NJNP (UYAP)

GENERAL STRUCTURE NJNP GENERAL STRUCTURE NJNP

Courthouse

Courthouse

Ministry of Justice

Court of Cassation

Directorate General of the

Police.

Gendarmeie Head Commandership

Counrt of Administration

Citizens Land Registry

Province in FiguresProvince in Figures

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 ?

Documentation ManagementDocumentation Management

All kinds of data, İnfromation, All kinds of data, İnfromation, document flow and documentation document flow and documentation management will be realised with management will be realised with the help of the National Judiciary the help of the National Judiciary

Network Project. Network Project.

Documentation ManagementDocumentation Management

Personnel ManagementPersonnel Management Financial ManagementFinancial Management Supply Managament Supply Managament Procurement Management Procurement Management Training ManagementTraining Management Convict-Detainee ManagementConvict-Detainee Management JurisprudenceJurisprudence Verdict SupportVerdict Support Enforcement-Bankruptcy SystemEnforcement-Bankruptcy System Document Management SystemDocument Management System Medical JurisprudenceMedical Jurisprudence General SupportGeneral Support

The Automation of the Provincial Units The Automation of the Provincial Units consists of these sub-systems.consists of these sub-systems.

Verdict Support SystemsVerdict Support Systems

+ =

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 WHAT IS TTHE MAIN FACTORS CONTRIBUTING TO THAT HE MAIN FACTORS CONTRIBUTING TO THAT SUCCESSSUCCESS

The integration process of Turkey with the EUThe integration process of Turkey with the EU

Domestic dynamics of Turkish society Domestic dynamics of Turkish society

Initiative of the new Turkish government and its Initiative of the new Turkish government and its decisivenessdecisiveness

Necessity of using technology in order to cope Necessity of using technology in order to cope with workload.with workload.

MAJOR PROBLEMS CURRENTLY FACED WITH REGARD TO JUDICIAL INDEPENDENCE AND EFFICIENCY

Judicial IJudicial Independencendependence

appointment, promotion, discipline and, appointment, promotion, discipline and, broadly speaking, the careers of all judges broadly speaking, the careers of all judges

and prosecutors are determined by the and prosecutors are determined by the High Council of Judges and ProsecutorsHigh Council of Judges and Prosecutors, ,

which is chaired by the Minister of Justice which is chaired by the Minister of Justice and of which the Under-Secretary of the and of which the Under-Secretary of the

Ministry of Justice is also a memberMinistry of Justice is also a member. .

Judicial EfficiencyJudicial Efficiency AVARAGE WORKLOADAVARAGE WORKLOAD

In 2003, totally 4.846.612 cases In 2003, totally 4.846.612 cases dealt by the 6120 functioning dealt by the 6120 functioning courts (except administrative courts (except administrative

courts) throughout Turkey with courts) throughout Turkey with the average workload of 792. In the average workload of 792. In

2002, 5912 courts dealt with 2002, 5912 courts dealt with 5.099.552 cases with the 5.099.552 cases with the

average of 863 cases.average of 863 cases.

Degreasement inDegreasement innumber of cases number of cases and trial periodsand trial periods

after the year 2001after the year 2001

I-ARBITRATION: I-ARBITRATION: A-TURKISH DOMESTIC ARBITRATION : Turkish Domestic Arbitration is A-TURKISH DOMESTIC ARBITRATION : Turkish Domestic Arbitration is mainly regulated under the Articles of 516-536 of Civil Procedural Law and mainly regulated under the Articles of 516-536 of Civil Procedural Law and other laws. other laws.

1-Compulsory Arbitration: 1-Compulsory Arbitration: a)solutions of disputes between public institutions required a)solutions of disputes between public institutions required

by the Law numbered 3353.by the Law numbered 3353.b)Tobacco and tobacco monopoly Lawb)Tobacco and tobacco monopoly Lawc)collective labor disputesc)collective labor disputesd)disputes carried out by the Stock Exchange Councild)disputes carried out by the Stock Exchange Councile)Settling the disputes at the Customs Arbitration Board.e)Settling the disputes at the Customs Arbitration Board.f)Rice cultivation Comittee acts as an arbitrator in the Law f)Rice cultivation Comittee acts as an arbitrator in the Law

numbered 3039numbered 3039g)Determination of remuneration by the Bar Association g)Determination of remuneration by the Bar Association

Management BoardManagement Boardh)Determination of the fee to be paid by the Public Notaries h)Determination of the fee to be paid by the Public Notaries

ChamberChamber

2-Voluntary Arbitration:2-Voluntary Arbitration:

a)Arbitration regulated under the Articles of 516-a)Arbitration regulated under the Articles of 516-

536 of Civil Procedural Law536 of Civil Procedural Law

b)Private arbitration method for collective Labor b)Private arbitration method for collective Labor

Law Law

c)Voluntary arbitration in Artisans Law.c)Voluntary arbitration in Artisans Law.

d)Voluntary arbitration in Chambers Union Lawd)Voluntary arbitration in Chambers Union Law

e) Voluntary arbitration in Cooperatives Lawe) Voluntary arbitration in Cooperatives Law

f) Voluntary arbitration in Attorneyship Lawf) Voluntary arbitration in Attorneyship Law

B-TURKISH INTERNATIONAL ARBITRATION:

1- International Arbitration Law numbered 4686

2-The Law numbered 4501

3-Private International Law and Procedure Law numbered 2675

4-New-York Convention

5-European Convention On International Commercial Arbitration

6-ICSID(Washington)Convention:

Turkey also has 70 bilateral investment agreements with

several countries and there are arbitration clauses in these

agreements.

CONCILIATIONCONCILIATION1-1-Conciliation regulated in Conciliation regulated in

Attorney-ship LawAttorney-ship Law2-2-Conciliation in Family LawConciliation in Family Law3-3-Mandatory conciliation in Mandatory conciliation in

Labor LawLabor Law4-4-Conciliation in Criminal Conciliation in Criminal Law:Law:

MEDIATION IN CONSUMER MEDIATION IN CONSUMER PROTECTION LAW:PROTECTION LAW:

Judicial accountabilityJudicial accountability : :Judges and Judges and public prosecutors also have civil public prosecutors also have civil

liability besides criminal liability. They liability besides criminal liability. They can be sued because of their partial can be sued because of their partial

behaviours, decisions(verdict) behaviours, decisions(verdict) explicitly contrary to law, when they explicitly contrary to law, when they refrain from exercising their judicial refrain from exercising their judicial

duties,etc.duties,etc.

New Criminal Procedure Code brings New Criminal Procedure Code brings recourse process in Turkish Judicial recourse process in Turkish Judicial

SystemSystem

TOP PRIORITIES IN THE TOP PRIORITIES IN THE COMING YEAR COMING YEAR

DisseminationDissemination of NJP(UYAP) of NJP(UYAP) whole countrywhole country Reaching EU standards concerning judicial Reaching EU standards concerning judicial

effectiveness effectiveness Training of Judges and Public Prosecutors in Training of Judges and Public Prosecutors in

order to enforce judicial reformsorder to enforce judicial reforms Adoption of Draft Commercial Code and Code of Adoption of Draft Commercial Code and Code of

ObligationsObligations Establishment of Intermediate Courts of Appeal. Establishment of Intermediate Courts of Appeal.

Increasing the number of the specialised courtsIncreasing the number of the specialised courts Transferring some administrative duties of public Transferring some administrative duties of public

prosecutors to administrator staffprosecutors to administrator staff ADRs.ADRs. Entitling notaries in some Judicial matters.Entitling notaries in some Judicial matters.