29.01.2020 The Supreme Authority of Justice
The Supreme Authority of Justice* should be entrusted with the task of determining and formulating the justice and judiciary policies of the state in line with the needs of the country and the preferences of society, entirely independent from political powers and governments but, on the contrary, by ensuring the representation and participation of all political viewpoints and even all constitutional organisations and parts of the state. Accordingly, all duties and powers vested in the Ministry of Justice in relation therewith should be delegated to the Supreme Authority of Justice. The duties and powers of the Ministry of Justice should be limited to developing policy proposals and presenting the same to the Supreme Authority of Justice, providing the resources that may be required throughout the course of policy formation, and providing certain ancillary services of the judiciary.
The Supreme Authority of Justice should be managed and represented by a board, the members of which may be contemplated to be elected as a result of a process that allows for public debate and for the expression of all opinions in relation therewith from amongst candidates who meet certain minimum qualifications, as nominated by the organisations regulated by the Constitution, in particular, the Turkish Grand National Assembly, the Presidency and the bar associations, by the professional organisations with public institution status, and by judges and prosecutors, in such a manner as to reflect the preferences of all segments of society. Such an election procedure will ensure that all segments of society have a say and are represented in the formation of the Supreme Authority of Justice, thereby electing only capable and efficient candidates thereto. So as to further strengthen the impartiality of the Supreme Authority of Justice, the election of candidates to be nominated by certain non-governmental organisations classified according to certain criteria to be determined – such as working in the public interest, having a certain organisational structure and a certain number of members, or being equipped with certain powers – may also be considered.
* Att. Mehmet Gün, “The Supreme Authority of Justice,” in Turkey’s Middle-Democracy Issues and How to Solve Them: Judiciary, Accountability and Fair Representation, (North Yorkshire: 2QT Limited, 2020), 209-18.