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Top Turkish judge: proposed constitutional amendments threaten judicial independence

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The proposed amendments to Turkey's Constitution threaten separation of power and judicial independence, the president of Turkey's Supreme Court Hasan Gerceker declared on Monday in an interview televised on NTV. "I want to indicate very clearly that some of the proposals being made are completely contrary to the principal of separation of power which has been enshrined in the Constitution since it was first adopted," he said. The government has declared that the proposed changes comport with European Union (EU) standards, but Gerceker said that does not mean they should be blindly applied in Turkey. The Turkish government unveiled the controversial proposed amendments to 22 articles of the Turkish Constitution on Monday in hopes of making the government more democratic and strengthening the country's bid to join the EU. The proposed amendments cover a wide range of issues, including the judicial system, women's rights, and collective bargaining for civil servants. The major reforms proposed include an amendment that would make party closures more difficult and an amendment to restructure the Supreme Board of Judges and Prosecutors (HYSK) and the Constitutional Court. Also included is an amendment to Article 15, which bans the prosecution of the 1980 coup leaders. The reform movement, led by Turkey's ruling Justice and Development Party (AKP), has been challenged by the opposition party Republican People's Party (CHP). The bill will now go before Parliament, where it must be approved by two-thirds of the 550 members to become law.

Full post as published by JURIST - The Paper Chase on March 23, 2010 (boomark / email).