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Judiciary Branch
Judicial power is exercised by independent courts functioning
on behalf of the Turkish nation.
Judges, who are independent in discharging their duties,
rule on the basis of the provisions of the Constitution,
the laws, jurisprudence and their personal convictions.
No organ, office, authority or individual may attempt to
intimidate, instruct or order, make suggestions or recommendations
to or send notices to any judge concerning how they should
exercise their powers in the courts.
The legislative and executive organs and the administration
must comply with the rulings of the courts, and they may
not change or delay the application of these rulings.
The most important factor that ensures the independence
of the judiciary is the "Guarantee for Judges and Prosecutors"
provided for in the Constitution. The Supreme Council of
Judges and Prosecutors wields the sole authority to make
decisions related to the careers of the judges and the public
prosecutors of the administrative and criminal courts on
matters such as admission into the profession, appointments,
transfers to other posts, the delegation of temporary powers,
promotions, the allocation of posts, and decisions regarding
those who are pronounced unfit to continue in the profession
and therefore liable to removal from office.
The judges, who are thus assured of their independence
of action, also assume duties related to the monitoring
and overseeing of elections, in addition to their duties
in the judiciary tribunals.
The Constitution also stipulates that as a general rule
court hearings are open to the public and that all rulings
of the courts be accompanied by a statement of justification
for the verdict, and that trials of minors take place as
provided for by special clauses in the law.
I. Practicing Lawyers and Organizations
of the Bar
A. Bar Associations
The law permits the establishment of a Bar in provinces
where there are at least fifteen lawyers. All bar associations
in Turkey together form the Bars union of Turkey (Turkiye
Barolar Birligi). The Union's office is in Ankara.
B. Requirements for the Practice of Law
According to the law, in order to become a member of a
Bar, the applicant must be a Turkish citizen and a graduate
of either a Turkish law faculty or of a foreign law school
with a certificate establishing his successful passage of
equivalency examinations of competence after a period of
training of one year in a court and in a law office. The
applicant must not have been convicted of a crime involving
dishonesty, or have been sentenced to one or more years
of imprisonment., nor be under penal prosecution for such
crimes.
The law forbids lawyers to be in any kind of commercial
business or in any kind of business not compatible with
their professional Lawyers are not allowed to accept any
outside employment or service for the sake of salary, wage,
or allowance. However, this provision does not apply to
the members of the National Assembly, members of provincial
municipal councils, primary school and high school teachers
and university professors. The lawyers of professional organizations
and institutions too are excepted from this prohibition.
II. Legal Education
A. Schools
Fourteen faculties offer legal education in Turkey. They
are the law faculties of Ankara University and Gazi University,
located in Ankara; the law faculites of Istanbul University,
Marmara University and Galatasaray University, located I
Istanbul; the Law Faculty of the 9th September, located
in Izmir; the Law Faculty of Selcuk University, located
in Koya; the Law Faculty of Kocaeli University, located
In Izmit; the Law Faculty of Anatolian University, located
in Eskisehir; the Law Faculty of Kirikkale University, located
in Kirikkale; the Law Faculty of Mediterranean University,
located in Alanya; the Law Faculty of Ataturk University,
located in Erzincan; the Law Faculty of Dicle University
, located in Diyarbakir and the Law Faculty of Uludag University,
located in Bursa.
All lectures in law faculties of Turkey are given in Turkish,
except the Law faculty of Galatasaray University where some
lectures are given in French.
B. Requirements for Admission
Any graduate of a lycee is eligible for admission to the
law faculties through a central state examination carried
out by center for student Selection (OSYM).
Legal education in Turkey is practically free of charge.
The symbolic amount, not more than approximately U.S. $
50 per year per student, is far from being a tuition. The
state subsidizes the entire cost of education.
An applicant for a master degree in law must be a graduate
of law faculty. An applicant for a doctorate degree must
possess a master degree. Knowledge of foreign language is
a must for a doctorate student ship.
Judiciary Branch
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