A1

Republic of Turkey Ministry of Justice

TURKISH JUDICIAL SYSTEM

Ali R za AM Reporter Judge in Ministry of Justice, Turkey

Slide 1 A1 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.
Administrator, 11/13/2005

Some facts and figures on Turkish Justice System

Republic of Turkey Ministry of Justice

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.

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

A2

HIGH LEVEL COURTHOUSES

Republic of Turkey Ministry of Justice

1. Court System

Constitutional Court

Court of Cassation

Council of State

Constitutional Jurisdiction

Civil Jurisdiction

Administrative Jurisdiction

Slide 6 A2 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 courts 1- puts in to effect the turkish constitution over turkish statute's law and supervises the compatibility of the turkish acts with the turkish constitution 2-works as a court of appeal, it is upper (superior) court of criminal and civil courts 3- 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.
Administrator, 11/13/2005

A10
Republic of Turkey Ministry of Justice

Court of Cassation
(Appeal)

Criminal Departments

Civil Departments

Slide 7 A10 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 YETK S , TRK M LLET ADINA BA IMSIZ 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 courts special court are processed the preserve acts or lawsuits, which are given (processed) from the special statutes
Administrator, 11/13/2005

Republic of Turkey Ministry of Justice

First Instance courts

Criminal Courts

Civil Courts

General Criminal Courts

(Penal Court)

Peace Courts

Felony Courts
(High Criminal Court )

General Civil Courts

Magistrate Courts

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)

A4

Specialised Courts Commercial C. Labour C. Maritime C. Land Registry C. Family C. Consumer C. Juvenile C. Enforcement C. Traffic C.

Slide 10 A4 Besides of general courts we have also specialised Courts

Administrator, 11/13/2005

A5

COUNCIL Of STATE
Republic of Turkey Ministry of Justice

1. Council of the state consists of twelve departments: 1. Departments task is consultancy 2. Departments task is assize of the officers 2. Other ten departments task is appeal on administrative and tax cases

Slide 11 A5 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
Administrator, 11/13/2005

A6

COUNCIL Of STATE
Republic of Turkey Ministry of Justice

Administrative Courts (Regional) of Appeal

Administrative Courts

Tax Courts

Slide 12 A6 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
Administrator, 11/13/2005

Number of the Judges and Prosecutors

High Criminal Courts Centres Courthouses Judges Public prosecutors Administrative judges Personnel Forensic Medicine Units Penitentiary and Detention Houses 134 587 6.199 4.114 1.259 59.037 63 375

The Annual Number of Case in Turkey

Presecution Files Criminal Cases Civil Lawcases Administrative Cases Enforcement Cases

8.763.011 2.764.497 2.180.305 409.151 9.640.699

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