Yüksek LisansAçık Erişim

The place and importance of The Turkish justice academy in the context of judicial independence

2024
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Danışman: Prof. Dr. Fazıl Hüsnü Erdem

Özet (EN)

The judiciary, which is one of the basic requirements of the democratic state of law, must be independent in order to fulfill the duties assigned to it, especially by the Constitution and laws. Achieving this undoubtedly depends on the existence of independent and assured judges performing judicial functions. The principles of independence of courts and security of judges emerged with the principle of separation of powers and were accepted as one of the most important elements of the state of law. These guarantees granted to the judicial branch are guaranteed at the constitutional level. However, problems regarding judicial independence still persist in Turkey. One of these problems is the intervention of the executive into the judiciary. One of the regulations that opens the door to intervention is the autonomy of the Turkish Justice Academy, which trains judges and prosecutors and where one of the members of the recruitment committee of members of the judiciary is one of its own members. The Turkish Justice Academy has a role, albeit indirectly, in ensuring the effective and efficient functioning of the judiciary as well as the independence and impartiality of the judiciary, as an independent board. And these situations need to be examined in order to become clear. In our study, by conducting a literature review on this subject, judicial independence and impartiality, its elements and historical development process were examined in the first part of my thesis. In the second part, the structure of similar institutions of the Turkish Justice Academy in comparative law in those countries, the differences in the recruitment and training of judges and international It is discussed in detail in the documents. In the third chapter, the formation of the Academy from past to present, the changes made and their effects on the independence of the Judiciary are examined in detail. In the conclusion section, the study is summarized and criticisms and solutions for the current structure are included.

Yazar

Zekiye Nur Atlı

Bu Yayına Nasıl Atıf Yapılır

Zekiye Nur Atlı (Master Thesis). The place and importance of The Turkish justice academy in the context of judicial independence, 2024, Dicle University.

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