The structure and functions of High Council for Judges and Prosecutors in Turkish constitutional system

Judicial power, according to its original attribute, is separated from the other two forces of the state; legislative and executive power which are political in nature. The primary function of the judgment, in order to ensure justice, is precisely to solve legal conflicts far from the political, ideological, adherent approaches. This aspect of meeting the demand for justice requires a judicial structure that is independent from all effects, compulsion and orientation.The independence of the justice and ensuring the judicial assurance mainly depend on the systems; appointment of justices and matters pertaining to personnel. In this regard, the principle of the constitutional state, with constituent parts democracy and separation of powers, is the basis of existence of The High Judicial Councils which have the main function that administration of justice and give an assurance to the judicial office. With this aspect, in the first part of this study, the subjects that include the conceptual framework that mentioned above and the way that The High Judicial Council is structured according to comparative law are explained. In the second part, administration, control of justice and competent authorities on assurance of judges and public prosecutors are examined, according to Turkish Constitution. In the third part, the structure and functions of High Council for Judges and Prosecutors are examined particularly according to before and after constitutional amendment in 2010.When the examples in the comparative law are considered it could be said that steps have been taken by constitutional amendment in 2010 and the law about The High Council for Judges and Prosecutors, however system's deficiencies in terms of democratic legitimacy, an independent judiciary and rule of law, are not fully solved.Key Words: Supremacy of Law, judicial independence and impartiality of judge, The security of tenure of judges, judicial review, The High Judicial Councils, The High Council for Judges and Prosecutors.