Yargının Bağımsızlığı ve Hesap Verebilirliği: Türkiye Örneği

Abstract

This thesis aims to fill an important gap in the literature by addressing the relationship between independence and accountability of the judiciary at both theoretical and practical levels. It examines whether the judiciary can and should be both independent and accountable at the same time and the conditions for their co-existence. In the first part, the meanings and theoretical framework of judicial independence and accountability are discussed. The second part analyses the legal framework that constitutes the basis of accountability of the judiciary, focusing on international standard-setting efforts. The third part presents a comprehensive study on the independence and accountability of the judiciary in Turkey. The quantitative aspect involves applying the “Formal Status of the Independence and Accountability of the Judiciary in Turkey” Index, while the qualitative aspect includes interviews on the “Perception of the Independence and Accountability of the Judiciary in Turkey”. This dual approach examines both the de jure and de facto status of independence and accountability of the judiciary and highlights the differences between the two. The Index results indicate that the formal state of independence and accountability of the judiciary in Turkey has significant shortcomings compared to international examples. Field research findings indicate a negative perception of the judiciary’s de facto independence and accountability. Judicial professionals indicate that there are serious structural and practical problems in these areas. Despite these problems, the study concludes that the independence and accountability of the judiciary can complete each other and an optimum balance between them can be achieved under appropriate conditions. Another key finding is the significant difference between the de jure situation and the perception of the de facto situation. This indicates that analysing only the formal situation may be misleading. The thesis concludes with concrete and applicable recommendations for strengthening the independence and accountability of the judiciary.