The first signatories of the “Proposals for Amendments to Certain Laws”, publicly known as the Ninth Judicial Package, AK Party Group Chairman Abdullah Güler, Deputy Chairman Bahadur Yenişehirlioğlu and Denizli Deputy Speaker Cahit Özkan held a press conference inside the parliament with Istanbul Deputy Speaker Adem Yıldırım.
Güler said the proposal had been submitted to the Presidency of the Turkish Grand National Assembly and noted that Turkey has had an uninterrupted commitment to reform since 2002.
Güler said a “trusted and accessible justice system” was highlighted as the vision in the judicial reform strategy document released by President Recep Tayyip Erdoğan on May 30, 2019, and in the human rights action plan shared with the public on March 2. Güler said that in 2021, as a “free individual,” his vision of “a strong society and a more democratic Turkey” has come to the fore.
Abdullah Gulah said that important reforms have been implemented within the scope of the Judicial Reform Strategy Document, with the first judicial package strengthening freedom of expression, expanding the ways of seeking justice and introducing new and effective procedures such as speedy trials, summary trials and e-hearings.
Mr. Güler explained that activities are being carried out in line with the goals and objectives set out in the Human Rights Action Plan and noted that in this regard, a number of reforms have also been introduced in the legal system.
“It is possible for an adoptive person to list their own names as the names of the adopted child’s father and mother.”
Güler said the ninth justice package, which includes amendments and regulations to 20 different laws, consists of 38 articles, adding:
“We will introduce regulations regarding the surname of a woman who marries. To ensure that the surname used does not damage the unity of the family or adversely affect the children, we will introduce the following regulations. “A woman will take her husband’s surname upon marriage and may use her former surname if she wishes, and we also propose the right to file a lawsuit seeking denial of lineage between father and mother on the grounds that. In order to protect the peace and happiness of the family, we will provide an opportunity for a third party who claims to be the father to file a lawsuit to deny paternity, following certain rules, and we will write the names of the adopted child as the mother and father. It is an adopted child.”
Mr. Guler pointed out that it will be possible to sue for damages that were not discovered during the mediation negotiations or that occurred after the mediation, and emphasized that there will be provisions regarding the liability of the parties who did not attend the first meeting. The contents of the mediation negotiations to determine the costs of litigation and attorney’s fees in their favor.
Güler said that in states with multiple bar associations, new opportunities would be given to bar associations depending on their total score, which would be determined for every 5,000 people in the state, taking into account that every bar association serves all the lawyers in that state.
“We aim to prevent pressure and intimidation.”
“This proposal will re-determine the maximum period for which a contempt charge can be brought in response to a complaint,” Güler said, noting that for the first time some decisions made by the Regional Administrative Court will be subject to appeal. “The provision will limit the period for which a contempt charge can be brought in response to any complaint, depending on the complaint,” he said. “In this way, we aim to prevent pressure or threats that may arise later on to citizens due to posts made years ago, especially on social media,” he said.
Güler emphasized that some malicious people intentionally post about sensitive areas in society, and said that regulations on this are necessary. Abdullah Güler said, “It should be specifically stated that this regulation never gives the freedom to insult people. In fact, if the crime of insult committed in this way is committed again within five years, the prepayment provision will not apply. The same crime will be applied to the perpetrator and a direct public prosecution will be made for this crime. ” “It should also be noted that there is a possibility to file a lawsuit, and an opportunity to file a lawsuit and obtain compensation in a civil court. ” “He stated his assessment.
Güler said the proposal also includes regulations to improve the effectiveness of mediation, noting that lawyers with 20 years of practice can become mediators without taking an exam if they have been trained in mediation.
Abdullah Gulah said the number of questions in the Bar Entrance Exam and Preliminary Administrative Justice Exam would be increased from 100 to 120 questions.
Güler said only law school graduates would be arbitrators, explaining that regulations would be put in place regarding e-auctions that would be held in accordance with the provisions of the Enforcement and Bankruptcy Code.
Güler said that if the court decides to appoint receivers for the two companies, it will extend the implementation period of the regulations allowing the appointment of the Savings Deposit Insurance Fund as receiver by five years in order to implement the trustee system in a more professional manner.
Güler explained that under the Road Traffic Act, the procedure for selling vehicles that have not been collected by their owners or that are stored in receivership parking lots and whose owners cannot be contacted will be facilitated, adding that private foundations will be exempt from court costs and the obligation to provide a guarantee for the existence of the foundation and the continuation of the services it provides to the society.
Abdullah Gulah noted that 71 percent of the activities targeted within the scope of the judicial reform strategy document have been implemented.
“We need an effective fight against individuals and organisations committing crimes in Turkey.”
Asked whether restrictions on espionage and incarceration were being proposed, Güler replied:
“According to the definition of ‘espionage crime’ in Article 339 of the Turkish Criminal Code, apart from information and documents, we can see that espionage continues in various fields of activity in times of technological development, and will continue to occur in the future.” Various crimes in Turkey can be committed in violation of the Criminal Code, whether on behalf of intelligence organizations or on behalf of the state. The framework is expected to reach more specific provisions. These crimes need to be effectively countered against individuals and organizations that commit crimes in Turkey, but such a concept is not included in our proposal. I wish there was a proposal like “This Regulation” in the title.
Answering a question about the parliament’s work schedule, Güler reminded that a bill containing regulations in the transport sector was discussed in the General Assembly.
“We hope to complete council work around the third week of July.”
Stating that the committee process for the proposed teaching law has begun and the proposal will be on the agenda for next week’s General Assembly, Güler continued:
“There are two more legislative proposals. A circular on savings measures has been issued, there are technical articles supporting it, the deadline has already been completed, but it is urgent for the Ministry of Finance. We would like to submit the proposals. This week, the tax bill, which is only just beginning its preparation, but will be published as if it were a proposal, will be reported under the headline “Some tax regulations are planned”. I would like to say that we do not know and that it is not on our agenda, but the tax laws mentioned were not on our agenda regarding corporate tax, income tax and exemptions. We would like to submit this proposal next week and reach a compromise with the opposition around the third week of July to complete the work of the parliament. “
Güler said work on the proposal on stray animals was continuing, and that the group’s vice-chairman Bahadur Yenişehiröl had listened to the opinions of parts of society.
