Author
Unver, Yener
Publication Date
2013
Publication Place
-
Marmara University
Subject
Third judicial package, Courts with special jurisdiction, Harmonization with EU achievements, Embezzlement, Bribery, Extortion, Abuse of office, Electronic notification, Private life, Personal rights, Gratuitous benefit, Failure to report a crime
Type
Periodical
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Library Asset ID
2146-0590
Record ID
f5bb8042-3368-48fe-ba24-7d575c9f3e3b
Library Location
Law
Date
2013
Sample Text
Although Turkish lawmakers have accelerated since 2001, they have actually worked hard to bring our legislation in line with EU Acquisitions for decades and have made many changes and improvements in the legislation. Regardless of Turkey's EU membership status, which seems impossibly difficult to achieve, studies in this field have contributed significantly to the development of Turkish law. These studies have been very useful in terms of democracy, contemporary law and legal culture. However, these studies were carried out by very limited people, without the benefit of experts on the subject, in a very hasty manner, without being scientifically examined and discussed by sufficiently relevant circles, in the form of reaction laws and with serious errors. Many laws had to go through many changes before or after they came into force, even after a very short period of time. These have reduced the trust in law in the country, have had the effect of secret amnesty in practice, and by creating the appearance of law changes specific to those who save the day, have led to the establishment of a legal culture that eliminates the difference between law and law, even under the name of compliance with EU Law, causes the desire of the political majority, not science, to be perceived as law in scientific matters, and actually moves away from the EU Acquisitions. As important as legal regulations, and perhaps even more important in these transition processes, are the legal practices and legal culture of judicial persons or authorities. In this regard, aside from the positive developments in some legal regulations in the last decade, it is observed that there is not progress but serious regression in legal regulations in general and judicial practice in particular, and we are rapidly moving away from the achievements of EU Law. Success in this field can be achieved by re-establishing modern and scientific legal culture and judicial practice, even if we lose a lot of time. Even tough it seems like Turkish lawmaker speeds up its efforts on harmonizing our legislations into EU law, in fact, it has been actually for decades that it has done a lot of changes in regulations. Apart from the Turkey's EU membership status which seems quite impossible, this studying on this field contributes Turkish law system and also helps on improvement of democracy, modern law and legal culture. However, due to preparing this studying impetuously and without referring to any expert opinion, lots of changes has to be done in codes before it went into effect. Thus, it reduces confidence to the legal system. Also in practice, it creates a view that shows
The law has made for certain people, so even tough it has done under harmonization of EU law, it removes the difference between “law” and “code”. Therefore,
In reality, it creates a legal culture that is isolated from EU law and it causes a sensation that law is based on only the desire of the political majority, rather than scientific opinions. As important as regulations and maybe more important thing is legal practice and legal culture of judicial authority. Apart from few regulations than have positive improvement, it has seen that there is an isolation from EU law, especially in legal practice.
Therefore, to become successful on this field, it is only possible by constituting a modern and scientific legal culture and practice.
Cilt
19
