As part of the European Union - Council of Europe Joint Programme on "Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights", a delegation from the Turkish Constitutional Court (TCC) led by its President, visited the European Court of Human Rights (ECtHR) in Strasbourg on 8 November 2024. The visit aimed to foster the exchange of insights on implementing fundamental rights in accordance with the European standards.
The study visit began with opening remarks by the TCC President and the President of the ECtHR. The President of TCC indicated that the TCC is actively engaged in a comprehensive process to address the human rights-related complaints and prevent violations. He noted that strengthening co-operation between the ECtHR and the Turkish judicial system would significantly support overcoming the challenges encountered. The TCC delegation, including the Vice-President, justices and rapporteurs, attended dedicated sessions focused on the principle of subsidiarity, the implementation of the European Convention on Human Rights, and challenges related to the mass arrival of applications. These sessions offered the Turkish delegation valuable insights into ECtHR procedures and its influence on national judicial systems.
The TCC delegation informed that the TCC Registry created a guide (or a Register) on inconsistency with the ECtHR case-law. This guide consolidates areas of inconsistency, categorising them by type—technical or principal inconsistencies. Recommendations for addressing technical inconsistencies are promptly shared with rapporteurs and implemented. Principal inconsistencies, stemming from differing legal approaches, are presented to TCC judges for consideration during examination of relevant cases.
After a working lunch with ECtHR judges, the TCC delegation met with the Turkish Registry of the ECtHR. This meeting provided in-depth insights into the ECtHR's case management processes and specific challenges concerning Turkish cases. The TCC President also had a bilateral meeting with the Director General of Human Rights and Rule of Law, where they explored opportunities to enhance co-operation with a view to aligning national practices with European human rights standards.
This study visit represented an important step in enhancing dialogue and co-operation between the TCC and ECtHR. By deepening its understanding of Strasbourg’s human rights frameworks and procedures, the TCC is better positioned to support the effective implementation of constitutional judgments in Türkiye, thereby advancing the protection of fundamental rights.
The Joint Programme on “Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights” is co-funded by the European Union and the Council of Europe and implemented by the Council of Europe. The Turkish Constitutional Court is the end beneficiary of the Project.