The effect of judicial independence and executive power declarations on judicial decisions (2016 and beyond)

Judicial independence is recognised as one of the cornerstones of democratic societies and is indispensable for ensuring a fair trial process. The effect of the executive branch's statements that exceed the level of criticism on judicial activities undermines the principle of judicial independence. This study addresses the theoretical framework of judicial independence and provides a comprehensive overview of the subject by detailing international and national regulations. By examining the conceptual foundations of judicial independence and impartiality, the study analyses the situations where the statements of the executive power are perceived as interference in the judiciary. Threats to the independence and impartiality of the judiciary are assessed by evaluating the United Nations Basic Principles on the Independence of the Judiciary, the Magna Carta of Judges, the Recommendation No. R(94) 12 of the Committee of Ministers of the Council of Europe to Member States on the Independence, Effectiveness and Role of Judges, the Venice Commission Reports and the case law of the European Court of Human Rights and the Constitutional Court. In the sample of the study, the allegations that the executive intervened in the judiciary with its statements and the effects of these statements on the independence of the judiciary were examined in the cases of Pastor Andrew Brunson, M. Osman Kavala, Ş. Can Atalay and Selahattin Demirtaş. In this study, which was conducted using qualitative research method, the findings obtained as a result of the analysis of cases, documents and decisions reveal that the discourses of the executive branch strengthen the perception of interference in the judiciary and the effects of this situation on judicial decisions. In the conclusion part of the study, the current reasons that weaken the independence of the judiciary and the issues that need to be developed to strengthen it are indicated. In this context, the study aims to contribute to the field by determining the attitudes of judges towards the statements of the executive power that exceed the limits of criticism and direct the judiciary, and by updating the limits regarding the protection of judicial independence against the executive power.