This project’s overall objective is to foster public confidence in the administrative judiciary by further strengthening its independence, impartiality and effectiveness and increasing its public awareness. It proposes measures to support the reforms that have been introduced by the Turkish authorities and develop further the administrative justice, if needed.

These measures are aimed both at reducing the number of appeals and also improving the quality of decision-making, that is to say, the delivery of quality decisions, within a reasonable time following a fair consideration of the issues.

The Project will assist the MoJ, first instance tax and administrative courts, RACs and the CoS in order to support the significant reforms introduced by the Turkish authorities in the restructuring of administrative appeals as the success of those reforms will contribute to the broader purpose of improving the capacity and effectiveness of the administrative justice system to secure the rule of law and raise fundamental rights’ standards.

Supporting further reforming of the administrative justice system including the strengthening the institutional capacity of Council of State (CoS) and increasing effectiveness and quality of the administrative justice courts are amongst the Project’s specific objectives as well.

Title of the Project: Improving the Capacity of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State

Duration: 36 months (21 December 2018 – 20 December 2021)

Place/Country: Turkey

Budget: 3.335.000 €

Funding: This Project is co-financed by the Republic of Turkey, the European Union, and the Council of Europe.

End Beneficiary: Ministry of Justice, Directorate General for Legal Affairs

Target Groups: Ministry of Justice (MoJ), Council of State (CoS), Tax and first instance administrative courts, Regional Administrative Courts (RAC), Lawyers, Ombudsman

Expected Result 1:

• In depth review of current administrative justice system and assessment of impact of the reforms implemented

• Roadmap for an improved administrative justice

• Monitoring appeals in the selected first instance courts and RACs

• International symposium

Expected Result 2:

• Training needs assessment

• Preparation of training curricula and materials

• Training of trainers (ToT)

• Training of judges, prosecutors, lawyers and court staff on administrative justice

• Peer-to-peer training/round tables on ECHR and CJEU

• Publishing of the Casebook on European Fair Trial Standards

Expected Result 3:

• Consultations on internal review by the administrative authorities

• Identifying ADR mechanisms

• Assessment of pilot judgment procedure

• Enhancing the role of the Ombudsman

• Improving relations between individuals and the public administration

Expected Result 4:

• Training on analytical capacity of the RACs and the CoS

• Increased efficiency in the selected first instance courts and RACs

• Assessment of the challenges and analysis of good practices in judicial decision-making

• Study visits and placements

• Ensuring consistency in judicial decisions

The following results are expected to be achieved through this Project:

1. Approaches to and policies for improving the effectiveness of the administrative judiciary are agreed, evidence-based and its implementation supported.

    

2. The institutional and professional capacity of the administrative judiciary is strengthened, thereby increasing public confidence in the administrative judiciary.

    

3. The measures to relieve the administrative justice system and courts of their heavy workload are identified and supported, the existing pre-trial resolution mechanisms are strengthened and appropriate alternative dispute resolution (ADR) mechanisms are introduced.

4. The length of appellate proceedings is reduced by more efficient and effective case management by the RACs and the CoS, and any necessary changes to the systems and processes are introduced.