The 'new constitution' collaboration between the judiciary and the executive in the new judicial year

At the 2024-2025 Judicial Year opening ceremony hosted by the Court of Cassation on September 2, the overlapping approaches of the President and the President of the Court of Cassation regarding a "New Constitution" should be reflected upon. The speeches by Erdoğan and Kerkez, which complemented and supported each other, were sufficiently enlightening for those curious about the picture that would emerge if the executive and the judiciary were to become intertwined.

Those who expected the President of the Court of Cassation at the judicial year opening ceremony to take a stance on returning to a separation of powers based on the balance between the legislative, executive, and judiciary, ending tutelage over the judiciary, preventing the politicization of the judiciary, and ensuring that entry into the profession and promotion are based on knowledge, accumulation, and merit rather than connections, were left completely disappointed by this speech, which amounted to unconditional support from the judiciary to the executive.

The optimistic atmosphere created by the fact that the judicial year opening ceremony was to be held at the Court of Cassation instead of the Presidential Complex dissipated quickly due to the speeches mentioned above. It should be noted that although the presidential system, which is presented as a miraculous recipe for eliminating bureaucratic sluggishness, making quick decisions, and taking action, and propelling Turkey forward, is seen to have become the root cause of the problems experienced, it was not mentioned in a single sentence.

The judicial year opening ceremony reminded me of a debate we had at the Union of Turkish Bar Associations (TBB) during my time as Vice President (2017-2021). I wanted to share with you, my dear readers, the dissenting opinion I wrote against the majority view regarding the TBB's participation in the 2019-2020 Judicial Year opening ceremony, which was to be held at the Presidential Complex:

DISSENTING OPINION

Judicial year opening ceremonies are traditionally hosted by the Court of Cassation, and the President of the TBB, as the representative of the defense, would also deliver a protocol speech. The TBB President's speech would focus on the problems encountered in the field of law and the judiciary and proposed solutions, and the problems and expectations of lawyers would be expressed in the clearest way.

For the last few years, as a result of this tradition being abandoned, the Judicial Year opening ceremonies have been held in the venue of the political power instead of the Court of Cassation. This situation brings with it serious criticisms regarding judicial independence.

As a natural consequence of the transition from the separation of powers to the consolidation of powers, holding the Judicial Year opening in the venue of the executive has come to the agenda. Considering the principles of judicial independence and the rule of law, I believe that it is not right to accept and participate in holding the Judicial Year opening in the executive's venue, representing the professional organization of the defense.

25.07.2019

TBB Vice President

Atty. Hüseyin Özbek

If we come from the recent past to the present, the speeches made at the judicial year opening ceremony will always be remembered as a cautionary snapshot of today's Turkey, where the Grand National Assembly of Turkey is ineffective, the judiciary is under the influence of the executive, and all kinds of authority and unlimited power are concentrated in the hands of the leader/ruler.

Let us repeat once again. Justice is not just a word. Justice is the assurance and guarantee of raising generations with free minds, free consciences, and free wisdom; of breathing easily in the country; of freedom of thought and expression; of citizens living in safety; and of being able to lay one's head on the pillow and sleep comfortably.

The prerequisite for the realization of what we have said is to be able to turn the demand for a country and a legal system where the dove of justice is not imprisoned in the cage of the executive into a social demand!