Rule of Law and Judiciary

According to the definition appearing in the Constitutional Court decisions, the principle of the rule of law indicates a system which respects human rights, guarantees personal rights and complies with the law and the Constitution in all the actions of the state. The rule of law being established in our country with all its institutions and a high quality judicial system will result in us having a modern legal system.

The judicial system and the principle of the rule of law is the field in which the most limited progress is made in terms of the activities for the raising of democratic standards in our country. Turkey is in need of a comprehensive reform that will on the one hand provide judicial independence in one pillar and increase the judicial efficiency and promptness on the other. The organisational structure of the judiciary needs to be arranged in a way that strengthens judicial independence. From the Constitutional judiciary to the courts of first instance; the personnel, infrastructure and resource problems at all levels must be overcome. Resolving these problems will raise the quality of the judiciary proceedings.

The most important obligation imposed on the state in legal relations is for the necessary arrangements for providing consistency in the legal order to be undertaken and for the protection, within a set of rules, of those status that are the result of vested rights to be guaranteed. The legitimate status provided by the operations of the administration leading to vested interests must be protected within designated rules and individuals should not be affected from the losses that are the result of the changes in the operations of the administration. With the aim of providing this assurance; a comprehensive study directed at the administrative proceedings should be carried out.

Acting on the belief that a developed economy, political and economic stability cannot be fully established without a democratic state of law; implementing principles of the state of law and certainty and predictability of the law as well as enabling the judiciary to attain a speedy, just and stable structure are important steps Turkey needs to take along its path to full EU membership.