Project title

Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State

Project Funding and Budget

This project is co-funded by the European Union, the Republic of Turkey and the Council of Europe, and implemented by the Council of Europe:

Budget: 3.335.000 EUR

Donor: EU (2.700.000 EUR), Council of Europe (335.000 EUR), Turkey (300.000 EUR)

Project duration
The duration of project is 36 months (21 December 2018 – 20 December 2021).
Project Partners

Ministry of Justice (Main Beneficiary), Council of State, Regional Administrative Courts, first instance administrative and tax courts, Ombudsman Institution

Beneficiaries

The main beneficiary institution of the project is the Ministry of Justice, along with other final beneficiaries including administrative judiciary representatives at all levels, court users and lawyers involved in the administrative justice system.

Key issues to be addressed
  • Public distrust in the administrative judicial system manifests itself in the very high number of appeals against decisions of the public administration resulting from the unwillingness of litigants to accept the decisions of first instance courts (the Administrative and Tax Courts). Heavy workload has not only the effect of delaying justice to the citizen, but also diminishes the quality of judicial decisions in the appeals.
  • There is a need to improve judicial efficiency and administration by addressing issues of court workload, fair trials and training and awareness raising for members of the administrative judiciary on the case law of the European Court of Human Rights (ECtHR).
  • The system of the pre-trial resolution of complaints against administrative action is not very developed in Turkey, Although the system of in-house Commissions to resolve citizens’ complaints against public institutions has been strengthened through legislation, the system has not had the desired impact. Improvements to implement the principles of good administration and supporting the institutions like Ombudsman and introducing the alternative dispute resolution methods thereby reducing the number of first instance claims and appeals are needed.
  • Administrative justice is more caselaw-based than other parts of the justice system in Turkey and there is need for unification of conflicting judgments; inconsistent decisions are being made by different chambers within the Council of State and by different courts in the same locations. The judicial authorities require assistance to develop mechanisms to ensure consistency among decisions of the courts.
Overall Objective

To foster public confidence in the administrative judiciary by further strengthening its independence, impartiality and effectiveness, and increasing public awareness.

project components

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

Aim of the component is to assist the MoJ, first instance tax and administrative courts, RACs and the CoS through in-depth review of the Turkish administrative justice system and support the significant reforms from a two- to a three-tiered system introduced by the Turkish authorities in the restructuring of administrative appeals, and identify measures to reduce the number of appeals, and implement and assess measures through pilot practices and court user satisfaction surveys.

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

Aim of the component is to provide technical support and develop the capacity through training in such areas as case-management, appellate decision-making, judgement writing, and procedures for dealing with large numbers of similar or identical cases and raise awareness for all members of the judiciary on the case law of the European Court of Human Rights (ECtHR) and promote the quality of decisions..

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.

Aim of the component is to support the development or enhancement of the existing mechanisms for resolving disputes, as well as the identification and introduction of any other appropriate ADR mechanisms and supporting Ombudsman institution thereby reducing the number of disputes before the administrative courts.

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.

Aim of the component is support the RACs and the CoS to develop mechanisms to ensure consistency among decisions of the RACs and CoS.

project team

Mariana Chicu (Project Coordinator, based in Strasbourg)

Anja Busch (Project Assistant, based in Strasbourg)

Özlem Demirel Cook (Project Manager, based in Ankara)

Gülsah Dogan (Project Officer, based in Ankara)

Aslıhan Sevimli (Project Linguistic Assistant, based in Ankara)

Ayse Günce Erdal (Project Assistant, based in Ankara)

Defne Acar (Finance Assistant, based in Ankara)

Turkish website
Direct link to Turkish website.

Project News

Back Two Assessment Reports Completed: Initial Needs Assessment Report & Training Needs Assessment Report

Turkey: Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State
Two Assessment Reports Completed: Initial Needs Assessment Report & Training Needs Assessment Report

Despite the restrictive measures taken against Covid-19 pandemic, also affecting Turkey, work under the Project on “Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State” continues via productive desk research, analysis and on-line exchanges.

Two important reports have been prepared.

“Initial Assessment Report”, the first of three reports aiming at providing an “In-Depth Review of Turkish Administrative Judiciary” assessing the impact of the latest reforms and outstanding challenges facing administrative justice. This report will provide basis to the “Roadmap for an Improved Administrative Justice” to be drafted within the framework of the project. The report has been prepared by Ray Burningham, Council of Europe international consultant, through visits, meetings, interviews, focus groups, research and analysis performed between April 2019 and January 2020. The focus is on the current status of the Turkish administrative judiciary and the potential areas for development and improvements. The review has been supported by an evaluation of how cases and appeals are processed in order to identify where support or changes could improve the efficiency of procedures and quality and timeliness of decision-making. The report also includes the suggestions and recommendations on the activities to be performed in the pilot courts.

“Training Needs Assessment” Report, drafted by Marina Naumovska Milevska, Council of Europe international consultant. The report provides suggestions based on the analysis of a series of quantitative and qualitative research results of the Training Needs Assessment conducted between December 2019-February 2020 including surveys, focus group sessions; review of legislation, reports and strategic documents, and analysis of existing statistics. Within the scope of the assessment process, online surveys were performed country-wide aiming at two target groups; the administrative judges and administrative court personnel, a high response rate was achieved (approximately 31% within Survey 1 or 643 replies out of 2091 judges (total population size) and 49% within Survey 2 or 1164 replies out of 2400 court clerks).

In the report, the training needs of the members and personnel of the administrative judiciary have been identified and a proposed outline of the training programme has been determined by identifying both subjects and methods for the trainings to be provided within the scope of the project.

The next step related to the training needs component of the project will be to develop training curriculum and materials for in-service training modules to be organized for a total of 800 beneficiaries including judges, lawyers and court personnel. The training approach and modules will be tested first in selected pilot courts after the training of trainers.

Gender approach has been a part of both of the reports.

Reports will shortly be prepared for publication and will also be available online.

Improving the Effectiveness of the Administrative Judiciary and Strengthening the Institutional Capacity of the Council of State Joint Project is implemented by the Council of Europe and co-funded by the European Union, Republic of Turkey and the Council of Europe. The Turkish Ministry of Justice - Directorate General for Legal Affairs is the Lead institution and end beneficiary of the Project.

Ankara, Turkey 8 April 2020
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