In this analysis – Turkey, the relationship between the aims and objectives of the judicial reform and the principles dominating the judiciary is discussed and the actions to be taken for the inclusion of the principles in the judicial system are discussed.
May 30, 2019 and announced that the Judicial Reform Strategy Document reveals the roadmap will follow the judicial system in Turkey until 2023. The document, with a vision of trust and accessible justice, provides a comprehensive reform package that envisages the objectives of legislative and implementation changes necessary for the establishment of an effective and fast-functioning judicial system that will meet the justice needs of society.
The headings highlighted in the Judicial Reform Strategy Document are “strengthening the rule of law, protecting and developing rights and freedoms more effectively, strengthening the independence and impartiality of the judiciary, increasing the transparency of the system, simplifying the judicial processes, strengthening the right to defense and the right to justice. protection ”. All of these titles are directly related to the principles that dominate the judiciary. These principles can be compared to the pillars that support the judicial system. The fact that the principles are so effective stems from the fact that they are formed as a result of their implementation for centuries. The underlying assumptions are older than these principles and intertwined with human values.
The principles essentially serve the achievement of the purposes of the proceedings. In this direction, in order to reach the truth, to protect the faith of justice and to meet the need for justice, the proceedings must be conducted in accordance with the principles. These principles play a functional role in regulating, interpreting and filling gaps in judicial rules. In order to achieve the objectives foreseen in the judicial reform, an action plan should be adopted taking these principles into consideration. Because these principles constitute the bridge between the aims of the reform and the activities aimed at realizing the reform.
The most emphasized principle in judicial reforms is the right to a fair trial. The more a state makes this right sovereign, the more the state of law. For this reason, it is imperative that the reform strategy that will shape the judicial system in the ideal of a developed state of law is formed in the perspective of the principles that dominate the judiciary, especially this right. In this analysis, the relationship between the activities and aims of the judicial reform and the principles that dominate the judiciary is discussed and the actions to be taken for the inclusion of the principles in the judicial system are emphasized
BY SETA – ISTANBUL
