The Joint Project on Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights

Training Programme for Judges and Prosecutors

Opening Remarks

Ankara
30 May 2024

Distinguished Participants,

I would like to extend you all my most sincere and respectful greetings.

The event we are inaugurating today coincides with the 75^th anniversary of the Council of Europe and the 20^th anniversary of its Ankara Office. I would like to extend my congratulations on these significant milestones.

Our country is a founding member of the Council of Europe and remains an integral part thereof. The Council of Europe’s Ankara Office, in cooperation with various public institutions and organisations in our country, has implemented numerous successful projects. One notable example among these is the joint initiative —carried out in partnership with the European Union, the Council of Europe, and our Court—aimed at ensuring the effective implementation of the Constitutional Court’s judgments in the field of fundamental rights. We have convened today to commence an important phase of that project and to initiate the first set of activities, which will be coordinated by the Justice Academy of Türkiye.

As you are aware, the individual application mechanism, introduced in 2012, stands as one of the most significant reforms in our country in the fields of law and human rights. This mechanism has fostered a strong awareness within the Turkish legal framework, while also functioning as a transformative institution of considerable influence. During the period that has elapsed, the Constitutional Court has handed down numerous landmark judgments in the sphere of human rights adjudication. In rendering these judgments, a process takes place within multiple layers of scrutiny established by our Court, encompassing the preparatory and decision-making phases. During these phases, universal principles and standards recognised at the international level-and in particular by the European Court of Human Rights- are taken into account. Likewise, the jurisprudential insights of our nation’s high courts, the accumulated institutional experience of our Court, and the extensive expertise of our members form an integral part of the deliberations. In this sense, both quantitatively and qualitatively, the individual application mechanism has followed a successful trajectory within the context of the Court’s decisions. It has also been acknowledged by the European Court of Human Rights as an effective domestic remedy. It is important to emphasise that the Court assumes a significant responsibility in this regard, namely the incorporation of international universal principles and standards into Turkish law. Furthermore, it is worth noting that one of the primary objectives behind introducing the individual application mechanism into our legal system has, to a considerable extent, been achieved. This objective was to reduce the number of applications before the European Court of Human Rights and the resulting violation judgments against our country. I would also like to reiterate that the Turkish Constitutional Court will continue its efforts to strengthen the individual application and to safeguard human rights with unwavering determination.

At this juncture, it is of paramount importance that we maintain close collaboration and dialogue with all judicial institutions. A sound dialogue with you, namely judicial bodies, in particular, is of great significance. Whether in shaping the jurisprudence of our Court or in ensuring that the principles and tenets articulated within that jurisprudence are effectively integrated into Turkish law, we aspire to establish robust channels of communication with both the higher judiciary, the regional courts, and the courts of first instance. Indeed, we perceive this not merely as a matter of aspiration but as a necessity.

In the current project, a significant portion of the activities is devoted to informing judges, public prosecutors, public officials, and lawyers about the Constitutional Court’s judgments and ensuring these judgments are effectively implemented.

In line with this objective, we have partnered with valuable stakeholders, including the Justice Academy of Türkiye. Within the scope of the project, we have held coordination meetings with the Court of Cassation, the Council of State, the Council of Judges and Prosecutors, the Justice Academy of Türkiye, and other relevant public institutions. We have also organised conferences and roundtable discussions in five different provinces for the regional courts of appeal, and the regional administrative courts. During these roundtable meetings, which were attended by rapporteur-judges from the Constitutional Court, participants received an overview of the individual application mechanism and constitutionality review, and presentations were delivered on fundamental rights and freedoms.

One of the principal objectives of the activities conducted within this project is to ensure that the subjective (inter partes) and objective (erga omnes) effects of violation judgments in individual applications are properly understood and implemented. As is well known, enforcing a judgment finding a violation in an individual application primarily necessitates such proceedings as retrial, reopening of investigations, or the award of pecuniary and non-pecuniary damages to offer redress to the specific parties involved. This aspect-what we refer to as the inter partes effect of judgments- is an inherent consequence of the Turkish Constitution and the provisions laid down in Code no. 6216 on the Establishment and the Rules of Procedure of the Constitutional Court.

In this regard, I would like to underline that, despite being a relatively new legal mechanism, it is gratifying to see our judiciary and other public institutions approaching individual application with due diligence and complying with violation judgments in specific cases. The Court also monitors whether these judgments are duly enforced. According to the Court’s statistics, since 2013, 99.2% of violation judgments have been implemented, with only a very limited number of technical or case-specific issues arising.

The program we are inaugurating today, along with the subsequent initiatives, will greatly contribute to clarifying and resolving such matters. We believe that through collaborative efforts with all our judicial institutions during this process, we can eliminate or at least minimise these problems.

Another, perhaps even more significant, aspect of individual application is the erga omnes effect of judgments. The main challenge in implementing decisions pertaining to fundamental rights lies in preventing similar violations and breaches of the Constitution. Achieving this is equally crucial in reducing the excessive workload of the Constitutional Court. Compared with its global counterpart institutions, the number of individual applications filed with the Turkish Constitutional Court is extraordinarily high. In concrete terms, as of today there are 106,000 individual applications pending, and in the year 2024 alone, 32,000 new applications have been lodged. Consequently, we are faced with an average of over 100,000 applications each year.

This situation hinders the examination of individual applications in a timely manner, thereby impeding the prompt restoration of violations of fundamental rights and freedoms.

In this regard, the erga omnes effect of the Constitutional Court's judgments emerges as a key consideration. In this regard, all actors in the judiciary have an important role. In examining individual applications, the Court undertakes a dual task. Firstly, it determines whether fundamental rights have been violated in a given case. Secondly, it interprets the provisions of the Constitution regarding fundamental rights and freedoms. In addition, it establishes the principles and guidelines for the implementation of these rights. It is at this stage that the subsidiary nature of the individual application should be recalled. The protection of fundamental rights and freedoms is primarily the responsibility of the public authorities and the judiciary.

Consequently, for human rights to be effectively safeguarded, it is essential that judicial bodies embrace the Constitutional Court’s rulings in the field of fundamental rights. By their very nature, these judgments concern society as a whole and have an impact that extends beyond the parties to the case. They embody an approach in which human rights are placed at the centre of every area of law. Preserving the strength and continuity of this erga omnes effect depends on paying close attention to and adhering to the principles and interpretations set out in the Constitutional Court’s decisions, insofar as they apply to future cases.

Effective implementation of Constitutional Court judgments is not merely a technical matter that can be achieved through normative regulations alone. It requires coordinated efforts among judicial institutions and the cultivation of a judicial culture rooted in the primacy of fundamental rights. In this respect, there can be no doubt as to the importance of establishing and maintaining robust dialogue among the Constitutional Court, the Court of Cassation, the Council of State, regional courts, and courts of first instance. The Venice Commission of the Council of Europe, along with other international organisations, likewise underscores the significance of fostering judicial dialogue in the enforcement of constitutional court decisions. It is also incumbent upon the organs of the state-each sharing a common responsibility to uphold the Constitution- to work together in safeguarding fundamental rights and freedoms and thereby administering justice, a requirement inherent to the society and state in which we live.

As the Constitutional Court, I would like to reiterate our sincere intention to establish and maintain a robust dialogue with other judicial institutions. Naturally, “dialogue” implies a reciprocal exchange. By dialogue, we do not merely mean explaining our own decisions; rather, we also aim to listen to colleagues at every level of the judiciary so that we can tackle the challenges before us with an approach grounded in the Constitution and human rights. This envisions a perspective in which other judicial institutions actively participate, adopt, and apply our shared understanding in practice.

In this regard, I wish to emphasise the importance I attach to the activities that will take place under today’s programme, particularly in terms of enhancing communication and information-sharing among judicial bodies. The project activities in general, and today’s training programme in particular, will make a significant contribution to the judicial dialogue we aspire to foster.

Within the scope of this programme, our Court’s rapporteur-judges will join the attendee judges and public prosecutors in sharing experiences and insights regarding the right to a fair trial in both criminal and civil proceedings. Participants will also exchange views, offer suggestions, and discuss the difficulties they encounter. Any noteworthy points arising from these discussions will be duly taken into account in our future endeavours.

I would like to express my sincere gratitude to the judges and public prosecutors participating in this programme, as well as to our rapporteur-judges, the Council of Europe officials who organised the programme, in particular the officials and staff of the Council of Europe Programme Office in Ankara, the Justice Academy of Türkiye, and all who contributed. I wish to reiterate that, as the Constitutional Court, we will always engage wholeheartedly in such efforts and continue our collaboration with other stakeholders.

I would also like to extend special thanks once again to those judges and public prosecutors who, despite their heavy workload, have made the time to attend this program.

As I conclude my remarks, I would like to extend my best regards and my heartfelt wishes to you all.