The Pilot Training on European Court of Human Rights (ECtHR) and Turkish Constitutional Court (TCC) Rulings in the Case Law of Administrative Justice was held on 22-23 November 2021 in Istanbul. 21 judges from the Istanbul Regional Administrative Court and first instance administrative and tax courts attended to the pilot training.
This module was designed to provide solutions to problems that lead to violation of decisions, as well as having a view of decreasing the ratio of Turkey’s violations of the European Convention of Human Rights, and the development of a jurisdictional standard that takes into account human rights considerations in both methodological and material terms.
This training allowed participants to gain a detailed understanding of recent ECtHR and TCC case law, focusing on the most important decisions in the field of administrative justice. In addition, the existing high standards in the protection of human rights in administrative justice were discussed as examples of good practice. The training programme included a range of relevant issues, such as Defining the Rights in Disputes and Role of Constitutional Courts, New Trial and Retrial after ECtHR and Constitutional Court Breach Decisions, Tax, Licence, Grant and Property Rights, Breaches arising from Zoning Law and Administration’s Compensation Obligation, Administrative Sanction, Rights and Standards to be taken in account in Disciplinary Law, Medical Malpractice/Negligence Cases and Cases related to Protection of the Right to Life and other cases related to Protection of Right to Tangible and Moral Being, Personal Data Protection Law.
The 2-day training comprising of eight sessions were delivered by module authors Prof Dr Burak Gemalmaz, Dr Erkan Duymaz and Dr Serkan Yolcu. Adult training expert Prof Dr Cennet Engin Demir and measurement and evaluation expert Prof Dr Hasan Atak contributed to the preparation of training modules and participated in the evaluation of the training.
Following the pilot training, training curricula and materials prepared for each module will be revised, training of trainers will be organised, and a pool of trainers will be established. Cascade training activities will start after the training of trainers.
The Joint Project on Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State is co-funded by the European Union, the Council of Europe and the Republic of Turkey, and implemented by the Council of Europe. The Turkish Ministry of Justice - Directorate General for Legal Affairs is the end beneficiary of the Project. The Central Finance and Contracts Unit is the contracting authority of this Project.
