8/9/2019 HCJP - Current Structure and Proposed Structure

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HCJPs Current Structure Proposed Structure

Ministers Position -President of the HCJP

-May attend every meeting

-Right to vote about all subjects .

-President of the plenary

-Shall not attend chamber meetings.

-May only vote at the plenary .

Undersecretarys

Position

-Ex-officio member

-Meetings cannot be held in his

absence.

-Ex-officio member

-Shall exist in one chamber.

-Attendence to the meetings is not obligatory,

meetings can be held in his absence.

Inspection Board -Attached to the Minister-Appointed by the Minister.

-Acts and investigates with the

Ministers permission.

Divided into two.1)Judicial Inspectors;

-Attached to the Minister,

-Appointed by the Minister.

-Inspect the judicial branches and prosecution

offices about their administrative tasks.

- Cannot inspect the judicial tasks of the judges

and prosecutors.

-Shall be charged by the Minister.

2)HCJP Inspectors;

-Function attached to the HCJP.

-Appointed by the HCJP.

-Conduct regular inspection, examination andinvestigation of judges and prosecutors..

- Shall be charged upon the proposal of the

related chamber and approval of the HCJP

President.

Functioning of the

HCJP

-Convenes by participation of all 7

members.

-Re-examination of the decisions made

by itself .

-In the objection phase convenes with

12 members by participation of 5

substitute members.

-Mathematically the substitute

members cannot change the result.

- Convenes as three separate chambers with certain

majority each.

- Objection cases shall be examined by

participation of all members who have not

participated the original decision.

- Objection panel is a new one and can change the

result.

Secretariat -Conducted by the Personnel Affairs

Department of the Ministry of Justice.

-A secretariat attached the HCJP shall be formed.

-Draft decrees shall be prepared and procedures

conducted here.

Examination and

Investigation tasks

-Conducted by the Inspection Board

attached to the Minister with the

permission of the Minister.

-Conducted by the HCJP Inspectors upon the

proposal of the related chamber and approval of the

President of the HCJP.

Inspection tasks -Conducted by the Inspection Board

attached to the Minister.

-Conducted by the HCJP Inspectors who are

appointed and attached to the HCJP.

Representatives of

Court of Cassationand Council of State

-3 Regular, 3 Substitute from Court of

Cassation,-2 Regular, 2 Substitute from the

Council of State

by the President

-3 Regular, 2 Substitute from Court of Cassation,

- 1 Regular,1 Substitute from Council of Stateby their plenaries,

Judges and

prosecutors from

First instance courts

-No -7 Regular, 4 Substitute from General Courts,

-3 Regular, 2 Substitute from Administrative

Courts.

Election method -Members other than the Minister and

the Undersecretary elected by the

President amongst three candidates.

- 4 member by the President amongst

academicians, high rank bureaucrats and lawyers

- 15 members directly amongst themselves

according to their sources, by one tour an one vote

method

European Examples -There is no implementation in anycountry other than Turkey.

-Harmonious with many European examples.