Türkiye: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
This project is co-funded by the European Union, the Republic of Turkey and the Council of Europe, and implemented by the Council of Europe:
Budget: 3.335.000 EUR
Donor: EU (2.700.000 EUR), Council of Europe (335.000 EUR), Turkey (300.000 EUR)
Ministry of Justice (Main Beneficiary), Council of State, Regional Administrative Courts, first instance administrative and tax courts, Ombudsman Institution
The main beneficiary institution of the project is the Ministry of Justice, along with other final beneficiaries including administrative judiciary representatives at all levels, court users and lawyers involved in the administrative justice system.
- Public distrust in the administrative judicial system manifests itself in the very high number of appeals against decisions of the public administration resulting from the unwillingness of litigants to accept the decisions of first instance courts (the Administrative and Tax Courts). Heavy workload has not only the effect of delaying justice to the citizen, but also diminishes the quality of judicial decisions in the appeals.
- There is a need to improve judicial efficiency and administration by addressing issues of court workload, fair trials and training and awareness raising for members of the administrative judiciary on the case law of the European Court of Human Rights (ECtHR).
- The system of the pre-trial resolution of complaints against administrative action is not very developed in Turkey, Although the system of in-house Commissions to resolve citizens’ complaints against public institutions has been strengthened through legislation, the system has not had the desired impact. Improvements to implement the principles of good administration and supporting the institutions like Ombudsman and introducing the alternative dispute resolution methods thereby reducing the number of first instance claims and appeals are needed.
- Administrative justice is more caselaw-based than other parts of the justice system in Turkey and there is need for unification of conflicting judgments; inconsistent decisions are being made by different chambers within the Council of State and by different courts in the same locations. The judicial authorities require assistance to develop mechanisms to ensure consistency among decisions of the courts.
To foster public confidence in the administrative judiciary by further strengthening its independence, impartiality and effectiveness, and increasing public awareness.
1. Approaches to and policies for improving the effectiveness of the administrative judiciary are agreed, evidence-based and its implementation supported.
Aim of the component is to assist the MoJ, first instance tax and administrative courts, RACs and the CoS through in-depth review of the Turkish administrative justice system and support the significant reforms from a two- to a three-tiered system introduced by the Turkish authorities in the restructuring of administrative appeals, and identify measures to reduce the number of appeals, and implement and assess measures through pilot practices and court user satisfaction surveys.
2. The institutional and professional capacity of the administrative judiciary is strengthened, thereby increasing public confidence in the administrative judiciary.
Aim of the component is to provide technical support and develop the capacity through training in such areas as case-management, appellate decision-making, judgement writing, and procedures for dealing with large numbers of similar or identical cases and raise awareness for all members of the judiciary on the case law of the European Court of Human Rights (ECtHR) and promote the quality of decisions..
3. The measures to relieve the administrative justice system and courts of their heavy workload are identified and supported, the existing pre-trial resolution mechanisms are strengthened and appropriate alternative dispute resolution (ADR) mechanisms are introduced.
Aim of the component is to support the development or enhancement of the existing mechanisms for resolving disputes, as well as the identification and introduction of any other appropriate ADR mechanisms and supporting Ombudsman institution thereby reducing the number of disputes before the administrative courts.
4. The length of appellate proceedings is reduced by more efficient and effective case management by the RACs and the CoS, and any necessary changes to the systems and processes are introduced.
Aim of the component is support the RACs and the CoS to develop mechanisms to ensure consistency among decisions of the RACs and CoS.
Mariana Chicu (Project Coordinator, based in Strasbourg)
Anja Busch (Project Assistant, based in Strasbourg)
Özlem Demirel Cook (Project Manager, based in Ankara)
Gülsah Dogan (Project Officer, based in Ankara)
Aslıhan Sevimli (Project Linguistic Assistant, based in Ankara)
Ayse Günce Erdal (Project Assistant, based in Ankara)
Defne Acar (Finance Assistant, based in Ankara)
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Report published in Turkish on “Protection, Promotion and Development of the Ombudsman Institution”
The report on “Protection, Promotion and Development of the Ombudsman Institution” prepared by the Council of Europe in September 2019, with the purpose to promote and develop the Ombudsman Institution in the member States of the Council of Europe, has been translated into Turkish within the...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Turkish translation: “Casebook on European Fair Trial Standards in Administrative Justice
The “Casebook on European Fair Trial Standards in Administrative Justice” issued by the Council of Europe in co-operation with the Folke Bernadotte Academy is the first of its kind, providing a systematic and accessible overview of what administrative justice means for Council of Europe member...
Turkey: Imporving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Council of Europe publications translated into Turkish
The joint project on “Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” aims to foster public confidence in the administrative judiciary by further strengthening its independence, impartiality and effectiveness and...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
CCJE Opinion (2012) No.15 on the Specialisation of Judges is now available in Turkish
Consultative Council of European Judges (CCJE)* Opinion (2012) No.15 on the Specialisation of Judges has been translated into Turkish by the Project on Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State. It has been...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
One to One Online Meetings with Pilot Courts (16-17 July 2020)
As part of the pilot court activities under the project on “Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State”, one to one online meetings with five of the pilot courts took place on 16 and 17 of July to discuss the...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Initial Assessment Report published
“Initial Assessment Report”, the first of three reports aiming at providing an “In-Depth Review of Turkish Administrative Judiciary” assessing the impact of the latest reforms and outstanding challenges facing administrative justice has been published. The report was prepared by Ray Burningham,...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Two Assessment Reports Completed: Initial Needs Assessment Report & Training Needs Assessment Report
Despite the restrictive measures taken against Covid-19 pandemic, also affecting Turkey, work under the Project on “Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” continues via productive desk research, analysis...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
3rd Steering Committee Meeting Held Online: The EU-CoE Joint Project on Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
The 3rd Project Steering Committee Meeting was held online on 19 June 2020, with the participation of representatives from the Council of State, the Council of Judges and Prosecutors, the Ministry of Justice, the Ministry of Foreign Affairs (Directorate for EU Affairs), Ankara Regional...
Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Roadmap for an Improved Administrative Justice System
The first workshop on drafting a roadmap for an improved administrative justice system was held in Ankara on 20-21 February 2020. The workshop brought together a total of 28 representatives from the Council of State, the Council of Judges and Prosecutors, the Ministry of Justice and Presidents...
Turkey: Improving the Effectiveness of The Administrative Judiciary and Strengthening the Institutional Capacity of The Council of State
TRAINING NEEDS ASSESSMENT IN ADMINISTRATIVE JUDICIARY
The second workshop on Training Needs Assessment in the field of Administrative Judiciary was held in Ankara on 26-27 February 2020. 30 representatives of stakeholders of the future training programmes, including judges and court presidents, clerks and members of Regional Administrative Courts...
Turkey: Improving the Effectiveness of The Administrative Judiciary and Strengthening the Institutional Capacity of The Council of State
“Identifying Alternative Dispute Resolution (ADR) Mechanisms in Administrative Justice”
The first assessment workshop and meetings on “Identification of ADR Mechanisms in Administrative Justice” took place on 4 and 5 February 2020 respectively in Ankara with the participation of total 46 representatives from the Council of State, Council of Judges and Prosecutors, Constitutional...
Turkey: Improving the Effectiveness of The Administrative Judiciary and Strengthening the Institutional Capacity of The Council of State
First Peer-to-Peer Round Table on the ECHR and Case Law of the ECtHR was held in Ankara
The first peer-to-peer round table on the European Convention on Human Rights (ECHR), case law of the European Court of Human Rights (ECtHR) and Court of Justice of the EU (CJEU) was held in Ankara on 12 - 13 November 2019 gathering 28 participants, including representatives from the Council of...
Turkey: Improving the Effectiveness of The Administrative Judiciary and Strengthening the Institutional Capacity of The Council of State
2nd Steering Committee Meeting
The progress achieved in examining the challenges to be addressed in the Turkish administrative justice system by the project “Improving the Effectiveness of The Administrative Judiciary and Strengthening the Institutional Capacity of The Council of State”, jointly funded by the European Union,...
“Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” in Turkey
CLOSED: Call for consultancy services in the area of gender mainstreaming
The Council of Europe is currently implementing a Project on “Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” in Turkey. In that context, it is looking for a Provider for the provision of services in the area of...
Strengthening the institutional capacity of the Court of Cassation in Turkey
Launching conference on the Project “Strengthening the institutional capacity of the Court of Cassation“
A conference and a workshop to launch the project “Strengthening the Institutional Capacity of the Court of Cassation” is planned to take place in Ankara on 20 and 21 June 2019. The project, jointly funded by the European Union and the Council of Europe, is envisaged to last three years. Its main...
Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
CLOSED: 2 calls for consultancy services
The Council of Europe is currently looking for international and national consultants with a particular expertise on Administrative Law and justice and effectiveness of justice system in order to support the implementation of the project on “Improving the Effectiveness of the Administrative...
Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” in Turkey
CLOSED: Call for consultancy services in the area of communication
The Council of Europe is currently implementing a Project on “Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” in Turkey. In this context the Council of Europe is seeking to recruit a maximum of 3 consultants on an...