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