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Evaluation of some trial decisions of the European Court of Human Rights effects on the Turkish Law within the scope of the final phrase of fundamental law article no:90

2018
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Advisor: Yrd. Doç. Dr. Uğur Bayıllıoğlu

Abstract (EN)

In this study entitled " Evaluation Of Some Trial Decisions Of The European Court Of Human Rights Effects On The Turkish Law Within The Scope Of The Final Phrase Of Fundamental Law Article No:90." the last sentence added to the Law No.5170 in 2004 to the article in question was discussed and examined in detail. In the first part of the study, which was prepared in two chapters, the structure of the European Court of Human Rights, the characteristics of its decisions, the system of the European Convention on Human Rights and its impact on Turkish law were evaluated. In the second part, the last statement of Article 90 of the Constitution was examined within the framework of the decisions of the European Court of Human Rights. These decisions are related to three issues. The first is decisions on the disciplinary tribunal of the necessary legal regulations in Turkish law that the ECHR has decided violation on Turkey. Second is related to decisions of the legislation provision which was decided as violation by ECHR about Turkey but caused violation and continue its existence in the Turkish Law on the surname of married woman. Third is related to the criminal law in which it was not decided as violation against Turkey, these decisions on the similarity of the Finnish legislation and the Turkish tax legislation subjected to the first violation were deemed suitable to be examined.

Author

Tuğba Tuna Işık

How to Cite

Tuğba Tuna Işık (Master Thesis). Evaluation of some trial decisions of the European Court of Human Rights effects on the Turkish Law within the scope of the final phrase of fundamental law article no:90, 2018, Çankaya University.

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