The Law Amending Certain Laws

Original Language Title: BAZI KANUNLARDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6524.html

Law No. 6524 Date: 15/02/2014 article 1-24/2/1983 and law No. 2802 judges and prosecutors in the first paragraph of article 49 of the law "after the phrase" to overcome on the way, "the Ministry added, second paragraph the phrase" repealed, and the fourth paragraph of the "judges and prosecutors Higher Board according to your interest or" article from the text.
Article 2-2802 subsection of the article in article 50 has been changed as follows.
"The judge and the prosecutors, foreign missions, the International Court or organizations based on the appointment is made by the Ministry consent."
Article 3-2802 law numbered 119 Uribe item has been changed as follows.
"Article 119-the judge and prosecutors in the education rights and paper Turkey Justice Akademisince. These procedures and principles of education, after taking the opinion of the High Council of judges and prosecutors Turkey is determined in the regulation prepared Akademisince of Justice. "
Article 4-29/3/1984 Ministry of Justice No. 2992 dated Decree on the Organization and duties accomplished by the adoption of the Law 16/A "in the first paragraph of article 15" the phrase "twenty-five", the third paragraph of the phrase "twenty ten" to "his".
Article 5-23/7/2003 Act No. 4954 dated Turkey Justice Academy of article 3 under the first paragraph of paragraph (f) is repealed.
Article 6-4954 Act 8 of article has been changed as follows.
"Article 8-the Presidency, the President and three Vice Presidents.
The Vice President is in charge of the units is determined by the President. "
Article 7-the first paragraph of article 9 of law No. 4954 the following modified, in the second paragraph of the "Board of Directors" has been amended in the form of the phrase "by the President".
"Members of the Supreme Court by the Minister and the Council of State, President, first class judicial and administrative jurisdictions the judge and prosecutors are counted from this class, law professors, have at least twenty years de facto profession lawyers have at least twenty years or de facto consent of first class notary profession are shown by the Council of Ministers from among three candidates take four shall be appointed or assigned for a period of years selected. Vice Presidents, shall be appointed by the Minister from among those listed above or are assigned. The President shall hold office for a term expired the same coaching reselected or be assigned. "
Article 8-4954 article title together in article 11 has been changed as follows.
"Service units and tasks article 11-Presidency service units; Centre for education, human resources and support services Directorate, Directorate of strategy development, external relations and projects with Several Scientific Studies and information Circle.
Centre for education, judicial, administrative and military judiciary, the judge and prosecutors, lawyers and notaries to help serve justice personnel with vocational training and professional development activities for before and after. These activities, Prevocational Education Department Vocational and in-service training with the Department is executed by hand.
One of the Vice President, who also is Director of the Training Center. Vice President and the other; Human resources and support services are absent, the circle is responsible for fulfillment of tasks. A Vice President at the other; External relations and projects with Scientific Studies and information center, the circle is responsible for fulfillment of tasks.
Apartment reserved first class judicial and administrative jurisdiction to preside over the judge and prosecutors get the consent from the Minister by assignment. Strategy development is President of four-year higher education graduates Apartment, 14/7/1965 and the civil servants Law No. 657 of course tasks in twelve years service share the same requirements in article 48 of the law among those who have the assignment or assignment can be made.
Apartment presidential enough in Commissioner and administrative staff. Apartment presidential and branch offices working with the tasks of regulation the procedures and principles. "
Article 9-Article 12, Law No. 4954 has been changed as follows.
"Article 12-General Assembly; Minister, Ministry Undersecretary, head of internal audit, Director General of Penal Affairs, Legal Affairs, General Manager, General Manager, General Manager of European Union Law, Personnel, General Manager, General Manager of international law and foreign relations, General Director of prisons and head of the Department of education, composed of members selected for four years with the following: a) the Supreme Court first Presidency Council one criminal law one of the apartments at the apartments are both members of the choice from among the members of the Board of Council of State members of the Council of State b) presided over a member of the Board of the Supreme Court, a military court of appeal Presidents Military c) a choice from among members of the Military High Administrative Court Presidents ' Board Member d) Military High Administrative Court judge a choice from among the members of the Member from the class e) judges and prosecutors a choice from among its members, Member of the High Council of f) Minister, first class, first class requires qualities of leaving have lost; judicial judge and prosecutors appoints from among the four, the administrative judge and prosecutors from the judiciary appoints two members of the Board of higher education of law school in Turkey) faculty members are both members of the choice between h) Turkey Bar Association Board of Directors at least fifteen years actually have a choice from among the lawyers profession Member ı) Turkey Notary Association by the Board of Directors of a member will be selected by a President from among the first-class notaries and Vice Presidents Are members of the General Assembly, of course. "
Article 10-the first paragraph of article 14 of the law No. 4954 (f) is repealed.
Article 11-the first paragraph of article 15, Law No. 4954 (b) located in "or 9 on the first paragraph of article qualities in other people" article from the text.
Article 12-the first paragraph of article 17 of the Act No. 4954 (a) repealed, and (f) has been changed as follows.
"they will be given in return for service Akademice f) fees schedule indicating change, prepare and put into effect."
Article 13-the first paragraph of article 18 of law No. 4954 "in after the three" on the way "has been added to the original two replacement" indicator will explain possible safety infractions.
Article 14-the first paragraph of article 20, the law No. 4954 "in the Secretary-General's proposal on the" item from the text.
Article 15-the first paragraph of article 22, Law No. 4954 (b) located in "de facto occupation ten years completed;" was removed from the article text and the same subparagraph first sentence to "the Court of Cassation, the Council of State, to come after the Military Supreme Court and Military High Administrative Court judge and member of the military judiciary, prosecutors and notaries authorized the Board in terms of the second paragraph of article 23, in the determination of. Judicial and administrative jurisdictions was appointed by the judge and prosecutors at the request of the President of the consent to be made by the Minister. Judge and the judicial, administrative and military judiciary, prosecutors, lawyers, notaries and experts in the field has been a de facto occupation for ten years I was appointed on the Charter have completed. "has been added to the sentences.
Article 16-the first paragraph of article 23 of the law No. 4954 "in the scope of work to be done by the Board of Directors and duration, taking into account the most can be assigned for a period of one year. Expired, according to the same procedure, at the request of the President "in the form of the phrase" modified "by the Minister, in the second paragraph of the" judges and prosecutors as the High Council of judges and prosecutors, the Ministry of Justice employee judges as Minister, "was removed from the item text, and the second paragraph was added the following paragraph to come after.
"The President, at the request of the Minister, by consent of justice expert assistants and professionals by taking the coaching at the Academy."
Article 17-the third paragraph of article 26 of Act No. 4954 Act is repealed.
Article 18-article 27 of Act No. 4954 Act is repealed.
Article 19-4954 envisaged in article 43 first paragraph of the article title and article "in Training Center Director and Director of the AIDS" phrases "heads".
Article 20-4954 provisional Act No. 11 after the article has been added to the following provisional article to come.

"TRANSITIONAL ARTICLE 12-a) on the date this law comes into force Turkey Justice Academy; The President, Vice-presidents, the General Assembly, the Board of Directors and supervisory board members, Secretary General, Education Center Director and Assistant Manager, appointed in accordance with article 23, the judge and prosecutors and other personnel are terminated. Education Center Director and Director of the High Council of judges and prosecutors, by; If the other staff at the Academy of the Ministry of Justice staff by the end of their mission in a fortnight from vested interests is assigned to another task in monthly degrees. According to article 9 and 23, the Academy temporarily appointed judge and prosecutors with other staff, where there they begin the task of staff.
b) from the date this law comes into force in ten days by the Minister and the Deputy President are assigned; three by the Minister within fifteen days of presidential candidate is presented to the Council of Ministers and by determining the first Council of Ministers meeting in the President's assignment or scrambling.
c) according to this law the President appointment – or görevlendirilinceye as the duties and services that should be performed by the President, the General Manager of the Personnel of the Ministry of Justice.
d) as of the date this law comes into force the President, Board of Directors and General Assembly decisions and regulations not contrary to this Act continue implementation of.
Regulation on the implementation of the law, e) of the act within one year from the date of the publication was prepared and placed into effect.
f) in article 12, institutions, organizations and boards, the date this law comes into force within one month by choosing the members of the Presidency of the General Assembly of the Academy. the first paragraph of article 12 (f), to be held in accordance with the assignments made within the same period. Determination of the members of the General Assembly and at the invitation of the President of the General Assembly the first meeting within one month. At the first meeting of the General Assembly, the principal and substitute members of the Boards of management and Control is selected.
g) will be held for administrative staff appointments in the Academy, located on the Central Government budget Act of 2014 restrictions do not apply. "
Article 21-11/12/2010 dated 6087 numbered High Council of judges and prosecutors in article 2 of the first paragraph (I) is contained in "the President, Vice Presidents," article from the text.
Article 22-the first paragraph of article 4 of the law No. 6087 (d) has been changed as follows.
"d) judicial and administrative jurisdictions the judge and prosecutors accept the profession, post, temporary assignment and delegation, promotion and first class, staff deployment, remain invisible in the profession make decisions about appropriate, discipline, duty and honor, and prosecutors as control subjects of research, review and investigation needs to be done, including exclusive circular."
Article 23-the second paragraph of article 6 of Law No. 6087 (d) the following is modified; After this comes added the dykes and the other bent according to third parties.
"judge and upon the proposal of the circle) for the prosecutors as control, conducting research, review and investigation operations with review and investigation will be the place for transactions."
"d) Board President, Vice President and Secretary-General's review board can assign their help.
e) Board members for disciplinary investigation and prosecution of crime investigation about the operation of this Act relating to fulfill the tasks assigned by law. "
Article 24-the second paragraph of article 7 of law No. 6087 (d) repealed; (e) and (ı) the following paragraphs have been modified; (h) located in the "Inspection Board President, Vice President, Board of Inspection Secretary General aides," the phrase has been removed from item text.
"e) Board members with criminal investigation about the investigation and prosecution process of this Act relating to the duties prescribed by law."
"ı) judicial and administrative jurisdictions the judge and prosecutors accept the profession, post, temporary assignment and delegation, promotion and first class, staff deployment, remain invisible in the profession make decisions about appropriate, discipline, duty and honor, and prosecutors as control subjects of research, review and investigation needs to be done, including regulations and circulars exclusive edit."
Article 25-6087 Act 8 of the second and third paragraphs of article has been changed as follows.
"(2) the President, according to the above principles in which members of the circle determines the principal and complementary as a member.
(3) heads, each apartment has its own members with the majority of the total members from within will be determined by the General Assembly are elected from among two candidates. At the first meeting of the General Assembly quorum for meetings or decision to be made in three days in the absence of the second meeting, the head of the person who most of those involved in the game selected. Undersecretary of the Ministry of Justice, head of Department cannot be selected. "
Article 26-the third paragraph of article 9 of law No. 6087 (d) located in "after the investigation operations" on the way "for review and investigation done with ground operations" has been added.
Article 27-6087 in article 10 the first paragraph of article "in the phrase" one four "administrative jurisdiction the judge and prosecutors has been replaced in the form of five shall be elected".
Article 28-6087 in article 11 the second sentence of the first paragraph of the article as follows; the fourth paragraph of the phrase "General Assembly" President "; the fifth paragraph (a) is modified as follows, and in the same paragraph (c) is located in "according to the head of Department and getting at it" article from the text.
"The Secretary General will not join the President at the meeting identified prospective and each Board member in elections but can vote for one candidate. Quorum for meetings or the first meeting for the selection decision in the absence of the second meeting in three days. Participating in this meeting most of the game field three candidates proposed. "
"a Sekreterce prepared and endorsed by the President, business), the general part of the."
Article 29-the second paragraph of article 12, Law No. 6087 has been changed as follows.
"(2) Examination hâkimliğine, and the prosecution has been a de facto in allmy business he served at least five years and outstanding success proves to be useful in the service be understood from the first Circle for each vacancy needed by consent of the candidate proposed twice by the General Assembly based on the temporary or permanent assignment for execution. In the first meeting, in the absence of the quorum for a meeting or decision will be held the second meeting in three days, attendees of the person receiving the highest game assignment. "
Article 30-6087 envisaged in the second and third paragraphs of article 13 has been changed as follows.
"(2) the Board's staff originally assigned through the assignment or in the open. They are made by the President, live from the assignment. For the first time would therefore be assigned a State employee, State employee admits to choose among those that have been deemed to be successful on the test input, the President held a three-person Commission created by the oral and practical exams as needed according to the result of assigned by the President. The competition will be announced, the number of staff, the exam five times the candidate is called. The Board's staff about the provisions of law No. 657. Justice expert assistants and experts can be assigned by the President based on the consent of the Assembly.
(3) the item relating to the implementation of principles and regulation. "
Article 31-the first paragraph of article 14 of the law No. 6087 "in two" "three", in the second paragraph of the phrase "Third Circle" President "President", the third paragraph of the phrase "President" be established ", fourth paragraph (c)" Board "in the phrase" President "has been amended in the form of.
ARTICLE 32-6087 envisaged in article 15, has been changed as follows.
"Article 15-(1) the Review Board will serve;
a) Board President and Vice Presidents, first class honor and prosecutors get the consent from the President by, b) Board, Chief Inspector, Inspection Board is actually five years, divided into first class and first class they have lost through separation attributes Inspector, are assigned by the General Assembly, in order of seniority.

(2) the Board inspectors, and the prosecution in allmy business actually served at least five years, and with the success of the service of superior Board understood the Inspectorate to be useful from the first Circle for each vacancy needed by consent through two solid candidates proposed by the General Assembly based on the assigned. In the first meeting, in the absence of the quorum for a meeting or decision will be held the second meeting in three days, most of those involved in the game of the person receiving the assignment.
(3) the internal auditor of the Ministry of Justice müfettişliğinden Committee Inspectorate or inspectorate or the Ministry of Justice Board for müfettişliğinden internal auditor, the Ministry of Interior denetçiliğinden Justice Inspectorate or the Board shall be the relevant consent of the Inspectorate of the assignment can be made. In this way, the previous audit assignments to be done last time is assigned to the control unit history. The Board of the Ministry of Justice Inspector or investigator, after serving as the internal auditor in this task of inspectors allocated to or from the internal auditor and if they are not assigned to this provision is applied. "
ARTICLE 33-the first paragraph of article 16, Law No. 6087 (e) located in "head of Department" the phrase "the following paragraph has been added to the article that were modified and will be in the form of the President".
"(3) head of internal audit and Inspection Board Vice Presidents including financial rights owned by Board inspectors the rights and authority of all kinds of legally."
ARTICLE 34-the second paragraph of article 19, Law No. 6087 "in almost every Member," after the phrase "but for a candidate;" and "vote; the phrase" vote. Amended in the form of longer than ".
ARTICLE 35-article 29 of Law No. 6087 has been changed as follows.
"Article 29-(1) the President of the General Assembly meeting days.
(2) the President, the majority of the full number of required attitude or members, stating that the subject to be discussed at the request of the General Assembly can call for extraordinary meeting in writing.
(3) General Assembly, excluding the exceptions to the Law, with the majority of the total number of members is collected and the majority of the members gets the decision.
(4) the agenda of the general meeting, to highlight the importance of the work by the President, are organized depending on whether immediate or lasting. The day and time of the meeting agenda, to be discussed and the Board shows the order.
(5) amendments to the agenda; but after the immediate and long-term agenda of jobs and the emergence of at least one day prior to the day of the meeting the President or upon the written request of one of the members of the General Assembly with the decision of the majority of the members. Non-immediate and long-term demands in this way cannot be addressed. From one of the business on the agenda before or after deliberation, removing from the agenda be postponed or are subject to the same procedural safeguards. "
ARTICLE 36-6087 envisaged in the third and fifth paragraphs of article 30 has been changed as follows.
"(3) with the majority of the full number of the members is collected and the majority of the total members with taking decisions."
"(5) amendments to the agenda; but after the immediate and long-term agenda of jobs and meeting days since the emergence of at least one day before the head of Department or the Member upon the written request of one of the members of the majority's decision. Non-immediate and long-term demands in this way cannot be addressed. From one of the business on the agenda before or after deliberation, removing from the agenda be postponed or are subject to the same procedural safeguards. "
ARTICLE 37-6087 in article 36 article first, third and sixth paragraphs of the following; the fifth paragraph of the phrase "General Assembly" in the form of "President" has been modified; the tenth paragraph of the phrase "according to the above-mentioned procedure laid down by the Board and the General Assembly President" by ".
"(1) the Board's elected members, due to the actions that constitute disciplinary action, disciplinary proceedings to be executed in the right President, disciplinary prosecution by the General Assembly in accordance with the provisions of this law."
"(3) in relation to the notice or down in President, according to the result of the review made directly or to see where an investigation or decides to open an investigation. Make a decision on whether to open an investigation in the event of a three-man Board of inquiry from among members. The Board of inquiry, chaired by older members. "
"(6) the person concerned declares in writing the result of the investigation of the President, and presents to the General Assembly for the conduct of the prosecution process the file. The General Assembly in relation to the prosecution stage acting personally or through oral or written defense to the person concerned for not less than seven days duration. "
ARTICLE 38 article 38 of Law No. 6087-first, third, fifth and tenth paragraphs has been changed as follows.
"(1) the Board of elected members to task with personal crimes crimes investigation about the permit process to prosecute President, permit process by the General Assembly, identification of the prosecution opening decision and prosecution authorities is shown by the competent authorities in accordance with the provisions of this law."
"(3) the President or denounce crime dropped those charges directly or after an investigation is not to review or decide to open an investigation. Make a decision on whether to open an investigation into the tragedy, members from among a three-man Board of inquiry. The investigation Committee shall preside over older. "
"(5) a Board of inquiry, after completing the investigation about whether the prosecution where the opening of the conviction indicates that by preparing a report, to be presented to the General Assembly the report and attachments to the President."
"(10) the Board's elected members, Board Member because of previous criminal action without conducting an investigation and prosecution be granted permission procedures, from the phase is executed in accordance with the provisions of this article."
ARTICLE 39-6087-days of the following volatile substances have been added.
"PROVISIONAL ARTICLE 4-(1) this law comes into force on the date of the Board Acting Secretary General, Secretary General, Board President, Board Vice Presidents, Board inspectors, inspection the councilors and administrative staff on the Committee terminates tasks.
(2) from the date this law comes into force in ten days;
a) President by Board President, Vice President and General Secretary of the Review Board are assigned to help.
b) according to the procedure stipulated by this law, by the General Assembly, the Secretary-General is determined by the candidates.
(3) the Secretary General in the next three days the candidates is designated President by the Secretary General.
(4) Council ended the tasks the Secretary General, Secretary General, Board President, Board Vice Presidents, Board inspectors and inspection will be appropriate considering the continuation of the councilors a is assigned the task.
(5) the Ministry of Justice from the expired tasks administrative staff Council, according to the Ministry's continuation in the central or provincial staff is assigned to.
(6) the Board is issued;
a Genelgelerin on the date this law comes into force) all be abrogated.
b) where legislation to continue the implementation of provisions not contrary to this Act.
(7) the Board administrative staff held appointments in 2014 for the Central Government budget code space restrictions do not apply.
(8) from the date this law comes into force within five years, the judicial and administrative jurisdictions the judge and prosecutors will be held through the elections of Board membership, candidates in allmy and Prosecutor's Office searched the requirement have worked 20 years in the profession.
TRANSITIONAL ARTICLE 5-(1) this law, any changes made to the membership of the selection Board, from the date this law comes into force applies the elections. "
Article 40-30/3/2011, and Judge of the Supreme Court's Organization and Procedures No. 6216 About the third paragraph of article 7 of the law "in the form of a three-island" was changed from "the island".
ARTICLE 41-Attached (1) and (2) to cancel positions listed in no. 13/12/1983 and Decree No. 190 (I) and (II) belongs to the Department of Justice was removed and Turkey ruler No. Academy attached (3) and (4) having been established positions listed in Decree No. 190 (I) and (II) belongs to the Justice Academy Turkey section of the ruler; (5) and (6) were established positions listed in Decree No. 190 (I) and (II) judges and prosecutors Higher Board of the ruler own numbered section, (7) were established positions listed in Decree No. 190 (II) by the Ministry of Justice No. ruler added to the section.
ARTICLE 42 this Law shall become effective the date of promulgation.
ARTICLE 43-the provisions of this law, the Council of Ministers.