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Constitutional institutions independent from judicial supervision in European Union process

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2006
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Abstract (EN)

In our century, one of the basic principles of the democratic regimes isthe rule of law. This principle expresses the system which covers the citizenswith legal security and the responsibility of the state from all of its actions andprocesses. One of the components of the principle of the rule of law is that tobe arranged all kinds of actions of the state by means of laws and for thegovernment, to behave in respectively with law and to obey law whileperforming its missions. To verify this issue is possible only by judicialmonitoring all of the actions and processes of the government.According to our constitution, Republic of Turkey is a democratic andrule of law state and judicial monitoring is open for all kinds of actions andprocesses of the government. However, the decisions of some institutionsare except from the judicial monitoring according to the provisions of theconstitution.Nowadays our country is on the way of being a member of the EU. Tobe a full membership, it is obliged to have institutions which guaranty thedemocracy, rule of law and human rights. In this procedure, because it is oneof the issues to realize the judicial monitoring of all the actions and processesof the government which will be proposed for the agenda, it is important toforesee the probable developments which are about the institutions whosedecisions are except from judicial monitoring according to the constitution.In this procedure, it will be needed to eliminate the existingdeficiencies of our legal system according to the standards established inwestern democracies and come into realize the necessaries of the rule oflaw. For this, it must be provided that judicial monitoring of all the decisions ofthe government. The full EU membership of the Turkey which gaineddemocratic and rule of law characteristics will not go further more than aconclusion.

Author

İnanç İşten

How to Cite

İnanç İşten (Master Thesis). Constitutional institutions independent from judicial supervision in European Union process, 2006, Gazi University.

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