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.

What is the goal and objective of the programme?

 To contribute to the effective implementation of European standards in the field of human rights, including gender equality.

What are the activities of the programme?

 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

Programme Info

Duration: 48 months (17 September 2021 – 16 September 2025)
Budget:
5 500 000 EUR
Funding:
European Union (90%) and Council of Europe (10%)

Who benefits from the programme?
  • 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

What are the programme outcomes?

 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