Turkish Judicial

8/6/2019 Turkish Judicial

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Ali Rza AM

Reporter Judge in Ministry of Justice, Turkey

Republic of Turkey

Ministry of Justice

TURKISH JUDICIAL SYSTEM

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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


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According to Turkish Constitution article 2 :

Turkey is a democratic, secular and social state based on rule oflaw

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


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INDEPENDENCE OF JUDICIARY

Judges are independent in discharging their duties.

No organ, authority, office or individual may sendthem circulars, or make recommendations or

suggestions.

Legislative and executive organs and theadministration shall comply with court decisions


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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 theirstatus


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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

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Slide 6

A2 In Turkey judicial power exercises mainly by different three high level courthousesThose are:1Constitutional Court,

2Court ofCassation,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 theturkish 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 ofAppeal exercised (kullanmak) its jurisdiction to order a review of the case. * These matters do not fall within ourjurisdiction.

2 [C] an area or a country in which a particular system of laws has authority:Practice varies between different European jurisdictions.



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Court of Cassation(Appeal)

Criminal Departments Civil Departments

Republic of Turkey

Ministry of Justice

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Slide 7

A10 according to turkish constitution article 9; judicial jurisdiction is exercised (enforced, used) in the name of Turkish nation by theindependent courts

MADDE 9 - YARGI YETKS, TRK MLLET ADINA BAIMSIZ 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 courtCOC 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



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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


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Specialised Courts

Commercial C.

Labour C.

Maritime C.

Land Registry C.

Family C.

Consumer C.

Juvenile C.

Enforcement C.

Traffic C.

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Slide 10

A4 Besides of general courts we have also specialised CourtsAdministrator, 11/13/2005


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Administrative

Courts

(Regional) of Appeal

Administrative Courts Tax Courts

COUNCIL Of STATE

Republic of Turkey

Ministry of Justice

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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 appealAdministrator, 11/13/2005


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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.

Turkish Judicial

Documents