The third study visit under the Joint Project “Supporting Individual Application to the Constitutional Court in Turkey” was organized to the Court of Justice of the European Union (ECJ) in Luxembourg and the Council of Europe and the European Court of Human Rights (ECtHR) in Strasbourg, between 24 and 27 January 2017. A delegation of 18 participants consisting of the President, vice President, members, chief rapporteurs and rapporteurs of the Turkish Constitutional Court (TCC) participated in the study visit.
The first part of the visit aimed at introducing the court of the European Union to the TCC: the legal secretaries from different chambers of the ECJ informed the delegation on the jurisprudence, structures and procedures of the Court of Justice and the General Court, including the “preliminary ruling procedure” and “direct actions,” and the role of Advocate General. The delegation was able to learn the perspective of the European Court in different some problems such as data protection and protection of environment. They were also informed about the research and documentation tools, communication practices and the library of the Court and attended a Grand Chamber hearing (Erzberger case C-566/15), which was about the free movement of persons and non-discrimination (Articles 18 and 45 of the Treaty Establishing the European Union).
In the second part of the study visit the delegation attended the opening ceremony of the judicial year of ECtHR in Strasbourg and took part in a seminar on the theme: Non-refoulement as a principle of international law and the role of the judiciary in its implementation. The delegation also had extensive meetings with the ECtHR: Ms Karakaş, Judge of the ECtHR in respect of Turkey, heads of Turkish divisions and senior Turkish lawyers of the ECtHR attended the meeting and discussed common issues.
Mr Arslan, the President of TCC also had bilateral meetings with Mr Guido Raimondi, the President of the ECtHR, Mr Thorbjørn Jagland, the Secretary General of the CoE. Mr Philippe Boillat, DG of Human Rights and Rule of Law, also hosted a lunch in honour of the delegation which was attended by Judge Karakaş, Leyla Kayacık, Senior Adviser, Mr Mikhail Lobov, Head of Human Rights Policy and Development Department and heads of Turkish divisions of the ECtHR.
Agenda of the Study Visit (PDF)
