The pilot training organised within the scope of the Joint Project on Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State have started.
“Besides the value granted by the constitution and laws, a judicial decision takes its strength and legality from its persuasive and satisfactory reasoning.”
The Pilot Training on Legal Reasoning and Judgment Drafting was held on 15-16 November 2021 in Ankara. 25 judges from Ankara Regional Administrative Court and first instance administrative and tax courts attended to the pilot training. The pilot training organised by the Ministry of Justice and the Council of Europe addressed a range of relevant issues, such as the merits of a reasoning and how a brief and adequate reasoning should be drafted, legal analysis in reasoning; examination of conflicts within the scope of the relevant legislation, reference to the doctrine and case law, use of expert reports, as well as judgment templates. Current theoretical approaches on how to use European Court of Human Rights judgments and the Turkish Constitutional Court case law in the reasoning of judgments delivered specifically in conflicts on fundamental rights and freedoms in and which criteria should be applied were shared with training participants in an interactive method, with the support of practical exercises.
The training of two days and eight sessions was delivered by module authors Prof Dr Bahtiyar Akyılmaz, Assoc. Prof Tolga Şirin and Dr Erkan Duymaz. Adult training expert Prof Dr Cennet Engin Demir, measurement and evaluation expert Prof Dr Hasan Atak and Assoc. Prof Burcu Hatiboğlu Kısat, all of whom contributed to the preparation of training modules, also participated and evaluated 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.
