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[ccje/docs2003/CCJE(2003)15] English only
CONSULTATIVE COUNCIL OF EUROPEAN JUDGES
(CCJE)
QUESTIONNAIRE ON
JUDGES’ TRAINING
Reply submitted
by
the delegation of Turkey
Questionnaire on Judges, Training
a)Initial training for prospective judges
l.Are prospective judges given any initial training?
If so, how long does this last?
To become a judge or a public prosecutor one should take a written exam and be interviewed after passing this exam. Those candidates successful in the interview start training for two years. In the first three months candidates judges attend the Training Centre for Candidates of Judges and Public Prosecutors. Then they are appointed to the judicial bodies such as courts, office of the public prosecutor, notaries, prisons, etc. for 18 months for training After this practice, they come back to the Centre again for the last three months for final training.
Training programme for candidate judges is divided into three stages:
1.Preparatory training
During this 3-month training, general and basic concepts of legal pratice is taught to the candidates and rules and procedures of writing the texts relevant to jurisprudence and trial services. Attention is given to indoctrinating the candidates in conformity with the ethics of justice service and the problems encountered in pratice.
2.Practice
The practice period lasts eighteen months.
a)Candidates of ordinary court judgeship and prosecutorship spend one year of this period in ordinary courts, three months in offices of prosecution and three months in other judicial offices.
b)Candidates of administrative court judgeship spend one year of this period at the Supreme Council of State and the remaining six months at the regional administrative courts.
3.Final training
This training lasts three months during which the trainees make group discussions on the basis of the knowledge gained during the previous periods, with problem-solving sessions in public, private and administrative law fields and practice of writing verdicts.
The preparatory and final training are given at the Training Center.
At the end of this training programme, the candidates are subjected to a written examination on the subjects taught them and those successfully pass this are admitted to the profession by the Supreme Council of Judges and Public Prosecutors. Their status and place of duty are determined by drawing of lots.
2.Is the right to or requirement to undergo training stipulated in any law or regulation?
If so, please specify.
It is a requirement for prospective judges to attend training according to the Article 7 of the Law on Judges and Public Prosecutors numbered 2802, dated 24.02.1983.
Every prospective judge is obliged to attend both mentioned Training Centre and the judicial bodies during their training period. After completion of the training period, candidates are appointed as a judge or a public prosecutor by the Supreme Council of Judges and Public Prosecutors.
3.Is training run and financed by the state or by other means?
Is it free of charge for prospective judges and are the latter paid?
Judges’ training is run and financed by the State and it is free of charge for prospective judges and they are paid during their two-year training period.
Training Centre for Candidates of Judges and Public Prosecutors prepare their own budget for training.
In Turkey, training of judges and prosecutors is under the responsibility of Ministry of Justice.
4.Is there a judges’ training institution?
If so, is it permanent public body?
We have Training Department of Ministry of Justice that prepares annual training programmes within the context of in-service training programme.
It is a permanent public body.
Recently, the Ministry of Justice is planning to establish “The Academy of Justice”. For the time being it is under the consideration by the Parliament. If it is attained, initial and in-service training of judges and public prosecutors, lawyers, notaries, staff of judiciary will be the duty of this Academy.
5.If there is such an institution, please describe briefly how it is organised, how it
operates and who provides the training?
Training Department of the Ministry of Justice is composed of a head of section and sufficient number of judges appointed by the Minister of Justice upon their consent. The duty of this Department is training of judges and prosecutors.
This Department prepares annual training programmes including main subjects, methods and criteria about training within the context of in-service training programme.
(see answer b/l)
6.What subjects does judges’ initial training cover?
There is no special programme concerning judges’ initial training. We have only
in-service training programme.
7.Is there an end-of-training examination to assess ability to perform the duties of
judge?
This type of examination takes place at the end of initial training.
There is no application about being subjected to an exam or measuring judges and prosecutors success during or at the end of the training.
b)In-service training
1.Is there an in-service judges’ training scheme?
If so, how is it organised and what subjects are covered?
In-service training of judges and public prosecutors scheme is prepared by the Training Department of the Ministry of Justice.
In service training is organised by the Training Department of the Ministry of Justice with participation of High Court members, experts from universities and if necessary from outside the legal system whenever a new law has been put into force or any problem stem from the application of the law.
Annual programmes are prepared by Training Department of the Ministry of Justice, according to the existing problems and deficiencies of judiciary. All the objectives are determined by taking into consideration of judges’ (and prosecutors) requests which are reached at General Directory of Legal Affairs of the Ministry of Justice, General Directory of Penal Affairs of the Ministry of Justice, General Directory of Laws of the Ministry of Justice. Furthermore, training activities are programmed on subjects which are pointed out with circular of units mentioned above and mistakes which are appeared in files coming at Supreme Court or Council of State.
Judges (and public prosecutors) are trained by seminars and lectures. Upon their request, they may attend the courses in the various sections of the Supreme Court. Except participating the decisions they work there as if they were judges (or public prosecutors) at the Supreme Court. It is Supreme Court who assigns the trainers for such course. Judges (and public prosecutors) may also attend language or computer courses upon their requests.
2. Is in-service training optional or compulsory?
It is not compulsory. In Turkey, training of the judges bases on their” will. If judges wish to attend in-service training, they apply with their written request to the Head of Training Department. After this application, the Board of Training of the Ministry of Justice decides who will be trainees.
3. Who runs such training?
The Board of Training of the Ministry of Justice decides the trainers and content of the training programme. This board composed of one Deputy Under-secretary of the Ministry of Justice, Head of Inspection Board of the Ministry of Justice, General Director of Personnel of the Ministry of Justice, General Director of Prison and Detention House of the Ministry Justice and Head of the Training Department of the Ministry of Justice.
4. What approaches are adopted to impress upon judges the need to improve their
professional skills?
The content of training is taken into account when choosing the trainers. If a new law is enacted, the board benefits from people who actively worked for the preparation of drafts. It benefits from mainly academic surroundings and experts of security units, sociologist and psychologist, if necessary.
In Turkey, trainers are determined according to their capacities among active judges or university professors, taken into account their decisions or publication etc.
For the arrangement of training activities, specially the problems which have been distinguished are always taken into consideration. The training is supported with every kind of education equipment. Documentation and books are the most important in all.
Meetings devoted to the training methods, teaching techniques and problems linked to the teaching relationship between trainees and trainers are organised at the beginning of the training period. First meeting is devoted to Chief of the Judicial Commission (and Chief Public Prosecutors) who will give lectures to other judges (and puplic prosecutors) Trainers don’t participate this meeting directly. But because of the Members of the Board of Training have known the trainers and since they are in close contact with the trainers, Board’s members ask trainers’ option indirectly about training methods, periods and form of training.
Board of Training of the Ministry of Justice decides what should be done for the improvement of training of the trainers. The content of this improvement programme could be determined according to the facilities available for training.
At the end of each training period, Board of Training evaluates the attainment of the objectives and results achieved. For the next training it’s always taken into consideration the deficiencies and problems which were distinguished during the previous training programme.
5. Is there a specific training scheme for judges at the beginning of their careers?
If so, please describe it briefly.
There is no a specific training scheme for judges at the beginning of their careers.