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The Legal Framework on the Functioning and Structure of the Court of Cassation Under Review

Ankara 28 November 2019
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The Legal Framework on the Functioning and Structure of the Court of Cassation Under Review

The “Preparatory Workshop on the Review of the Legal Framework of the Court of Cassation” was held on 28 November 2019 within the scope of the EU-CoE Joint Project on “Strengthening the Institutional Capacity of Court of Cassation”.

The primary goal in the process of the “Review of the Legal Framework of the Court of Cassation” which is one of the expected outputs of the project is to make the necessary legal changes in the legal framework regarding the structure, functioning and role of the Court of Cassation in accordance with the European standards. With the Preparatory Workshop, the first step for developing a “Road Map” with regard to the reforms that may be put into practice in the legislation regulating the functioning and structure of the Court of Cassation was taken.

The Preparatory Workshop was organized in Ankara with a participant group of members of the chambers, public prosecutors and rapporteur judges of the Court of Cassation as well as judges and prosecutors from appellate courts and first instance courts. In this regard, division of labour and case law unity in the Court of Cassation, increasing judicial quality of the decisions made by the Court of Cassation , election and appointment procedures in the Court of Cassation and issues on gender equality were discussed among participants and relevant recommendations were offered in the sessions with contributions of Assoc. Prof. Emel Hanağası (PhD), one of the local consultants of the project. Mr. David G. Campbell, Senior District Judge from Arizona District Court shared his opinions and experiences on judicial case management (continuous proceedings) in the United States of America.

Based on the opinions expressed in the “Preparatory Workshop on the Review of the Legal Framework of the Court of Cassation”, a “Draft Assessment and Recommendations Report” will be produced by international and local consultants with regard to the amendments which are foreseen to be introduced to the legislative framework. This aforementioned report will be reviewed to be discussed upon finalized in the following workshop titled the “Presentation Workshop”. The process of the “Review of the Legal Framework of the Court of Cassation” will continue with a study visit and international seminars, focus group and roundtable meetings for assessing the performance of the Court of Cassation and workshops and meetings for developing a “Road Map” for changes in the current legal and regulatory framework.