Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights
The Project seeks to ensure the effective implementation of the Turkish Constitutional Court (TCC) judgments in the field of human rights within the scope of the individual application mechanism and better awareness of relevant stakeholders on the TCC case law and individual application mechanism.
To contribute to the effective implementation of European standards in the field of human rights, including gender equality.
Preparation of a roadmap to ensure that the first instance courts and public authorities render decisions in line with the TCC caselaw regarding the protection of fundamental rights based on the comparative assessment of other countries
Development of a monitoring mechanism model including strengthening of a specific monitoring unit in the TCC, as well as the establishment of an IT platform in coordination with the Court of Cassation (CoC) and the Council of State (CoSt), the Courts of Appeals and other relevant stakeholders (including the CSOs) to improve the monitoring of execution of the TCC judgments, including the data collection mechanism regarding references made to the TCC judgments by ordinary courts
Development of stock-taking methods on results of the established monitoring system to assess the developments in the individual application system and conducting a qualitative impact assessment of the TCC case-law on prevention of human rights violations
Training for judges, prosecutors, lawyers, courts, bar associations and other stakeholders on different human rights categories, including gender equality, with a focus on the human rights issues identified in the case-law of the ECtHR and the TCC
Development of a training of trainers programme
Preparation of publications, studies, recommendations on good practices of applying individual application system in constitutional justice and mechanisms for execution and implementation of judgments of constitutional courts by other public bodies
Development of alternative communication and visibility channels for lawyers to inform them about recent judgments of the TCC
Regular meetings with lawyers of the ECtHR Registry
Placements and study visits to European institutions and peer courts in the EU Member States to improve the TCC’s capacity to apply the ECHR and for its effective functioning
Round table meetings with high courts and Regional Courts of Appeals on specific topics of individual applications judgments
Duration: 48 months (17 September 2021 – 16 September 2025)
Budget: 5 500 000 EUR
Funding: European Union (90%) and Council of Europe (10%)
- The Turkish Constitutional Court (TCC)
- The Human Rights and Equality Institution of Türkiye (HREIT)
- The Ombudsman Institution of Türkiye The Civil Society Organisations (CSOs)
- The Grand National Assembly of Türkiye (GNA)
- All courts of the Turkish justice system
- The Union of Turkish Bar Associations (UTBA)
- Bar Associations (BAS)
- The Justice Academy of Türkiye (JAT)
- The Council of Judges and Prosecutors (CoJP)
- Ministries
- Law Enforcement Bodies
- Judges and Legal Advisors of the Turkish Constitutional Court
- Judges and Legal Clerks of Courts of General Jurisdiction
- Lawyers and the General Public
The monitoring mechanism for execution of judgments of the TCC is strengthened in line with the EU best practices, and the stakeholder platform has improved monitoring
Judges, prosecutors, relevant public officers and lawyers are aware of the caselaw of the ECtHR and the TCC, and are able to implement those judgments in similar cases
Inadequate implementation of the TCC judgments and serious human rights lacunas detected via the TCC’s case-law are effectively addresse
The transfer of EU expertise and cooperation between Turkish courts and relevant stakeholders with the European and Member States institutions/courts, and the European Court of Human Rights are enhanced
Awareness of the general public and public institutions on the role of the TCC in the protection of fundamental rights through its judgments is increased
- Lawyers from the Zonguldak Bar Association Enhance Their Knowledge on Individual Application before the Constitutional Court
- Lawyers from Kastamonu and Giresun Bar Associations Enhance Skills on Individual Applications before the Constitutional Court
- Working Group Meeting on Collateral Damage in the Context of Fundamental Rights
- University Lecture on Individual Application before the Constitutional Court and the Right to Life Held at Ankara University
- Training on Individual Application in the Context of Immigration Detention