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LAW SYSTEM IN TURKEY
Transcript of LAW SYSTEM IN TURKEY
Simge DİNÇER Turkey’s law system has been integrated
with the continental European system. - Separation of powers (Article 9 of the Constitution)
- Independence of courts
- Security of tenure of judges and public prosecutors
- Organisation of courts
- Profession of judge and public prosecutor
- Supervision of judges and public prosecutors
-Military courts and their organisation
-Organisation, powers and functions of high courts
(Articles 138-160 of the Constitution) TURKISH JUDICIAL SYSTEM THE COURT SYSTEM OF TURKEY Administrative Courts Military Courts Courts of Justice
(Civil & Penal Courts) Constitutional Court Court of Jurisdictional Conflict Court of Audit Supreme Council of Election THE ACTS OF ADMINISTRATIVE JUSTICE - Council of State Act
-Act on the Constitution and Functions
of the Regional Administrative
Courts, Administrative Courts and
- Procedure of Administrative Justice
Act -In Turkish law, customary rules are of «complemantary» nature, ie.the judge may recourse to customary law if there is no written law applicable to the case.
-This provision indicates the superiority of written law over the customary rules;customary law may be applicable when there is no written rule relevant to the case at hand.
ADMINISTRATIVE ORGANS -Committee of Presidents
-High Board of Discipline
- Board of Discipline ADMINISTRATIVE ACTIONS - Annulment actions,
- Full remedy actions and
- Actions relating to disputes arising from administrative contracts to carry out public services. Administrative Courts - resolve administrative actions, except the ones falling
within the subject-matter jurisdiction of the tax courts and
actions that will be reviewed by the Council of State as a
first instance court. Tax Courts - resolve actions relating to the general budget; to the
taxes, fees, duties and other similar financial obligations
that belong to the provinces, municipalities and villages; to
the increases and penalties concerning these obligations as
well as actions relating to tariffs and some actions relating
to the application of the Act on the Procedure of Public
Claims’ Collection SOURCES OF TURKISH LAW -As a general rule, the first source is the written set of laws, rules
or regulations and the judicial decisions.
-Decrees with the effect of law
-Written laws and regulations are only one, albeit important, source of law.
- On some instances, they are inadequate or entirely silent on a matter.
- If the legal issue is new, and there is no existing law, lawyers, judges and scholars must find other sources to provide guidance and answers.
-This other sources include customary law and the writings of eminent legal scholars.
-Customary law is by definition unwritten law.
-Customary law had particular importance in older legal systems where traditional practices served more as the foundation of law than did written law.
-The Turkish Constitution provides that international treaties duly put into effect are of equal status to laws(statutes).
-However, no claim of unconstitutionality of an international treaty can be heard by the Constitutional Court.