In Cooperation with the Venice Commission of Council of Europe

TESEV Democratization Program

Roundtable Meeting

TOWARDS A NEW CONSTITUTION:

JUDICIAL INDEPENDENCE, DECENTRALIZED GOVERNANCE, METHODOLOGY

PROGRAM

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Tarih:                   22 January 2015, 09:30 – 18:30

Yer:                       Rixos Grand Ankara Hotel, Kavaklıdere Mh., Atatürk Blv No:183, 06680 Ankara

09:30 – 10:00             Introductory Remarks

10:00 – 12:00             Session I: Judicial Independence and Impartiality in the New                                       Constitution

·         How should a higher judicial institution be structured in order to establish judicial independence and impartiality? What should be the reflection of such institutional restructuring on the new constitution?

·         How should the relationship between judiciary-parliament and judiciary-government be framed (principle of separation of powers) in the new constitution in order to ensure judicial independence?

·         How could a judicial institution that breeds trust within society and secures the basic rights and freedoms of citizens against the encroachment of state could be formed?

Moderator:

Etyen Mahçupyan, Advisor to Prime Minister of Turkey

10:00 – 10:25 Introduction

Bertil Emrah Oder, Dean of Koc Law Faculty

Osman Can, Member of the Venice Commission of Council of Europe, Member of the Former Parliamentary Constitutional Reconciliation Commission, Justice and Development Party Patrick Paquet, Deputy Head of the Unit Turkey in DG Enlargement

Thomas Markert Secretary of the Venice Commission of the Council of Europe

10:25-12:00        Discussion

12:00 – 13:00             Lunch

13:00- 15:15               Session II: Decentralized Governance in the New Constitution

·         How should the relationship between central authority and local governments be defined in order to establish decentralized governance?

·         What should be the defining criteria and mechanism to decide the allocation of authority, roles and income between central and local governments?

·         How should the relationship between decentralization discourse and different government systems (presidential, semi-presidential or parliamentarian system) be analyzed in light of the making of a new constitution?

Moderator:

Bekir Ağırdır, Board Member, TESEV and KONDA Research and Consultancy

13:00- 13:20: Introduction

Leen Verbeek, Vice President of the Congress of Local and Regional Authorities of the Council of Europe and rapporteur on Turkey

Osman Baydemir, Former Mayor of Diyarbakır, Democratic Society Party

Ömer Dinçer, MP, Justice and Development Party

13:20- 15:15:      Discussion

15:15 15:30                  Coffee Break

15:30 17:00              Session III: Methodology of Making a New Constitution

·         How should we evaluate the making of a new constitution in light of the potential political developments that are expected to occur in the aftermath of 2015 general elections? What should be the methodology of making of a new constitution?

·         Can the new constitution-makers build upon the experience of Former Parliamentary Constitutional Reconciliation Commission? What lessons could be drawn from the experience of that commission?

Moderator:

Özge Genç, Director, TESEV Democratization Program

15:30 – 15:55     Introduction

Gianni Buquicchio, President of the Venice Commission

Mustafa Şentop, MP, Justice and Development Party, Member of the Former Parliamentary Constitutional Reconciliation Commission (tbc)

Özgür Sevgi Göral, Consultant for Peoples’ Democratic Party in the Former Parliamentary Constitutional Reconciliation Commission (tbc)

Rıza Türmen, Former Judge of the European Court of Human Rights, MP, Republican People’s Party

A Representative from MHP

11:55 – 17:00     Discussion

17:00 – 18:30             Reception

LIST OF INVITEES

1.      Adnan Boynukara, Advisor to Minister of Justice

2.      Ali Murat Nas, Judge, Ministry of Justice

3.      Ali Rıza Çoban, Rapporteur, Constitutional Court of the Republic of Turkey

4.      Annika Palo, Counsellor, Swedish-Turkish Cooperation, Embassy of Sweden

5.      Bekir Ağırdır, Director of Konda Research and Consultancy

6.      Bekir Berat Özipek, Istanbul Trade University, Faculty of Political Science and International Relations

7.      Bela Szombati, Charge d'Affaires a.i. since 28/10/14 , Minister Counsellor, Deputy Head of Delegation in Ankara

8.      Bertil Emrah Oder, Dean of Koc Law Faculty

9.      Cevdet Akçay, Chief Economist of Yapı Kredi Bank

10.  Ergun Özbudun, İstanbul Sehir University, Faculty of Law

11.  Etyen Mahçupyan, Advisor to Prime Minister

12.  Faruk Bal, MP, Nationalist Movement Party, Former Parliamentary Constitutional Reconciliation Commission Member

13.  Gianni Buquicchio, President of the Venice Commission

14.  Gültan Kışanak, Mayor of Diyarbakır, People’s Democratic Party

15.  Irek Fidos, Head of the Political Section in the EU Delegation

16.  Leen Verbeek, Vice President of the Congress of Local and Regional Authorities of the Council of Europe and rapporteur on Turkey

17.  Levent Köker, Atılım University, Faculty of Law

18.  Mehmet Uçum, Member of the Wise People Council, Lawyer at the Bar of Istanbul

19.  MEP Kati Piri (Netherlands), the new rapporteur on Turkey

20.  Meral Danış Beştaş, Co-President, Peoples’ Democratic Party

21.  Mesut Yeğen, Istanbul Sehir University, Faculty of Sociology

22.  Mr. Lars Wahlund, Swedish Ambassador in Ankara

23.  Mustafa Şentop, MP, Justice and Development Party & Member of the Former Parliamentary Constitutional Reconciliation Commission

24.  Ömer Dinçer, MP, Justice and Development Party

25.  Ömer Serdar Atabey, Director General for EU Affairs, Ministry of Justice

26.  Osman Baydemir, Former Mayor of Diyarbakır

27.  Osman Can, Member of the Venice Commission of Council of Europe, Member of the Former Parliamentary Constitutional Reconciliation Commission, Justice and Development Party

28.  Öykü Didem Aydın, Hacettepe University Faculty of Law;  the Substitute Member of the Venice Commission

29.  Özgür Sevgi Göral, Consultant for Peoples’ Democratic Party in the Former Parliamentary Constitutional Reconciliation Commission

30.  Patrick Paquet, Deputy Head of the Unit Turkey in DG Enlargement

31.  Rıza Türmen, Former Judge of the European Court of Human Rights, MP, Republican People’s Party

32.  Selahattin Menteş, Ministry of Justice Deputy Undersecretary

33.  Selin Esen, Ankara University Faculty of Law,

34.  Sezgin Tanrıkulu, MP, Republican People’s Party

35.  Şuay Alpay, MP, Justice and Development Party

36.  Thomas Markert, Secretary General of the Venice Commission of the Council of Europe

37.  Vahap Coşkun, Dicle University Faculty  of Law

38.  Yılmaz Ensaroğlu, Director of Law and Human Rights Program at Foundation for Political, Economic and Social Research (SETA)

39.  Yunur Heper, Rapporteur, Constitutional Court of the Republic of Turkey

40.  Zühtü Arslan, Member, Constitutional Court of the Republic of Turkey