1982 Constitution

(High Council of Judges and Prosecutors)

(7 Regular , 5 Substitute Members)

Minister of Justice
President

2 regular, 2
3 regular, 3 substitute substitute members
elected Undersecretary of the
members elected
by the plenary of Ministry of Justice
by the plenary of the
the (Ex-officio)
Court of Cassation
Council of State

1
France (18 Members)
President of the
Republic
President

Minister of Justice
Vice President

3 distinguished
6 judges and
1 member of the citizens elected
6 prosecutors by the President
Council of State
elected by their of the Republic, the
elected by the president of the
colleagues
Plenary Senate and the
Speaker of the Parliament

2
Italy (27 Members)
President of the
Republic
President
(Symbolic)

16 judges and prosecutors 8 members elected

Chief Justice elected by their colleagues
by the 3/5 of the
and the Attorney General (2 from the Court
majority of the Parliament
of the Court of Cassation of Cassation and
14 from the first amongst the lawyers
(Ex-officio) and jurists
instance courts)

3
Spain (21 Members)

Chief Justice of the

Court of Cassation

12 judges assigned 8 lawyers and jurists

by the King amongst assigned by the King
the candidates nominated amongst the candidates
by the Congress and nominated by the Congress
the Senate and the Senate

4
Poland (25 Members)

The President
is elected by
the Plenary

4 members of the
Minister of Justice parliament
Chief Justice of the Court elected by its plenary,
15 judges-
of Cassation 4 members of the Senate
Chief Justice of the prosecutors elected by its plenary,
Supreme Administrative elected by their 1 member assigned by the
Court colleagues President of the
(Ex-officio) Republic

5
Portugal (17 Members)
Chief Justice
of the Court of
Cassation
President

Member of the
Court of Cassation
Deputy Chief Justice

6 judges elected by
2 members assigned
their colleagues
by the President of
(2 from the Courts of Appeal, the Republic and 7
4 from the first members by the Parliament
instance courts) (9 lay members)

6
The Netherlands (5 Members)

President
Amongst the
Council Members

2 members from bureaucracy

3 judge members
assigned by the King
upon the proposal
of the Minister of Justice
(among the graduates
of economy,
business management etc.)
assigned by the King upon
the proposal of the
Minister of Justice

7
Sweden (11 Members)

Director General
assigned by the
Government
President

2 syndicate
1 lawyer 1 governorship
4 judge 2 members of members
assigned by official
members parliament assigned by the
assigned
assigned by the assigned by the the government
government by the
government government (professional
government
unions)

8
 The Principles Designated in the
Judicial Reform Strategy

Effective Appeal Objectiveness,

Procedure Against Transparency,
Broad Based its Decisions Impartiality
Representation
Principle
•
Constitutional Court
•
Court of Cassation •Access to decisions by
•Formation of several
•
Council of State protecting personal data
chambers and plenary
•
Representation of •Selection amongst lay
•Introduction of judicial
first instance and appeal members
remedy against
courts’ judges and •Presiding of the
disciplinary
prosecutors Minister of Justice
sanctions
•
Selection amongst solely to the plenary
•
lay members 9
 Consolidated Formation of the HCJP (22 Members)

Minister of Justice
President

5 members elected
by the high courts 10 members
(3 from the elected 1 member elected 4 members
Undersecretary
Court of Cassation amongst by the assigned by the
and
of the Minister of
first class Turkey Justice President of
2 from the Council Justice
judges and Academy the Republic
of State)
public prosecutors

10
President of the HCJP Minister of Justice

Amongst high ranking bureaucrats,

President of the Republic(4 regular) jurists,academicians and lawyers

Ex-officio member Undersecretary of the Ministry of Justice

Amongst the members of the Plenary

Turkey Justice Academy (1 regular, 1 substitute) Session of the Justice Academy

Amongst the members of the Court of

Court of Cassation(3 regular, 3 substitute) Cassation by its Plenary Session

Amongst the members of the Council of

Council of State(2 regular, 2 substitute) State by its Plenary Session
By the judges and prosecutors of all general
courts amongst first class judges and
First class general courts(7 regular, 4 substitute) prosecutors of those courts

By the judges and prosecutors of all

First class administrative courts (3 regular, administrative courts amongst first class
2 substitute) judges and prosecutors of those courts

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 President

Plenary

First Chamber Second Chamber Third Chamber

7 7 7


Appointment •Promotion

Transfer •Discipline

Inspection

Authorization

Granting permission

Other tasks for investigation

12
 1961 Constitution (High Council of Judges)
(18 Regular, 5 Substitute Members)

President is elected
by the Plenary

3 regular and 1
3 regular and 1 substitute members
substitute members selected by the Senate of
6 regular and 2 6 regular and 1
selected by TGNA the Republic amongst
substitute members substitute
amongst the high the high court
amongst the plenary members amongst
court members or members or
of the Court first class judges those bearing the
those bearing the
of Cassation prerequisites of
prerequisites of
candidacy candidacy

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1971 Amendment (High Council of Judges)
(11 Regular, 3 Substitute Members)

President
Elected amongst the members
of the Plenary.
(Minister of Justice presides
the Council and
votes if he requests so)

All members

Elected by the plenary

of the Court of Cassation.

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