HCJP’s Current Structure Proposed Structure
Minister’s Position -President of the HCJP
-May attend every meeting
-Right to vote about all subjects .
Undersecretary’s -Ex-officio member
Position -Meetings cannot be held in his
absence.
Inspection Board -Attached to the Minister
-Appointed by the Minister.
-Acts and investigates with the
Minister’s permission.
Functioning of the -Convenes by participation of all 7
HCJP members.
-Re-examination of the decisions made
by itself .
-In the objection phase convenes with
12 members by participation of 5
substitute members.
-Mathematically the substitute
members cannot change the result.
Secretariat -Conducted by the Personnel Affairs
Department of the Ministry of Justice.
Examination and -Conducted by the Inspection Board
Investigation tasks attached to the Minister with the
permission of the Minister.
Inspection tasks -Conducted by the Inspection Board
attached to the Minister.
Representatives of -3 Regular, 3 Substitute from Court of
Court of Cassation Cassation,
and Council of State -2 Regular, 2 Substitute from the
Council of State
by the President
Judges and -No
prosecutors from
First instance courts
Election method -Members other than the Minister and
the Undersecretary elected by the
President amongst three candidates.
European Examples -There is no implementation in any
country other than Turkey.
-President of the plenary
-Shall not attend chamber meetings.
-May only vote at the plenary .
-Ex-officio member
-Shall exist in one chamber.
-Attendence to the meetings is not obligatory,
meetings can be held in his absence.
Divided into two.
1)Judicial Inspectors;
-Attached to the Minister,
-Appointed by the Minister.
-Inspect the judicial branches and prosecution
offices about their administrative tasks.
- Cannot inspect the judicial tasks of the judges
and prosecutors.
-Shall be charged by the Minister.
2)HCJP Inspectors;
-Function attached to the HCJP.
-Appointed by the HCJP.
-Conduct regular inspection, examination and
investigation of judges and prosecutors..
- Shall be charged upon the proposal of the
related chamber and approval of the HCJP
President.
- Convenes as three separate chambers with certain
majority each.
- Objection cases shall be examined by
participation of all members who have not
participated the original decision.
- Objection panel is a new one and can change the
result.
-A secretariat attached the HCJP shall be formed.
-Draft decrees shall be prepared and procedures
conducted here.
-Conducted by the HCJP Inspectors upon the
proposal of the related chamber and approval of the
President of the HCJP.
-Conducted by the HCJP Inspectors who are
appointed and attached to the HCJP.
-3 Regular, 2 Substitute from Court of Cassation,
- 1 Regular,1 Substitute from Council of State
by their plenaries,
-7 Regular, 4 Substitute from General Courts,
-3 Regular, 2 Substitute from Administrative
Courts.
- 4 member by the President amongst
academicians, high rank bureaucrats and lawyers
- 15 members directly amongst themselves
according to their sources, by one tour an one vote
method
-Harmonious with many European examples.