Former Istanbul Bar Association President Ümit Kocasakal evaluates the judiciary 'exam' decision for 12punto: 'It will not increase quality in the judiciary on its own'
Minister of Justice Yılmaz Tunç announced at the Antalya Forensic Medicine Days Meeting on October 20, 2023, that a preliminary screening exam will be implemented for law school graduates starting in 2024. Former Istanbul Bar Association President Ümit Kocasakal evaluated the decision for 12.punto.com.tr.
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Minister of Justice Yılmaz Tunç had announced that a preliminary screening exam would be implemented for law school graduates starting in 2024.
Tunç stated in his remarks at the Antalya Forensic Medicine Days Meeting, "We have introduced an entrance exam for legal professions for those who graduate from law school in order to become lawyers, judges, and prosecutors. It will begin to be implemented in 2024. Passing this exam will be required for legal internships and for judge and prosecutor exams."
Tunç further stated that the changes to be implemented are important elements that will increase the quality of human resources in the judiciary.
Former Istanbul Bar Association President Ümit Kocasakal evaluated the decision for 12.punto.com.tr.
"IT WOULD NOT BE FAIR OR EQUITABLE"
Kocasakal emphasized the importance of the legal profession for citizens and pointed out that the issue should be addressed from the very beginning. Kocasakal spoke as follows:
"There are far more law schools in our country than needed, and there are not enough faculty members in these numerous law schools. Therefore, the quality of legal education is not at the desired level. Because while opening 100-plus law schools, we have prioritized quantity over quality. If you open this many schools and direct students there, you cannot later hold a massive elimination exam; this would not be fair or equitable."
"I DO NOT THINK THE GOVERNMENT IS IN THIS POSITION"
Stating that the changes made to the Attorneyship Law generally disrupt the structure of the law and are made for different purposes, Kocasakal said, "If a regulation is to be made regarding the legal profession, first of all, those who make this regulation must respect the law, judicial independence, and the legal profession, and in addition, they must give the profession the value it deserves. I do not think the government is in this position."
Stating that a bar exam is held in almost every country in Europe and that he supports the idea of an exam in principle, Kocasakal expressed concern about how the exam will be conducted; he emphasized the importance of details such as who will conduct the exam, the questions to be asked, and whether there will be an interview.
BAR ASSOCIATIONS MUST ALSO BE INVOLVED
Finally, Kocasakal stated that an objective exam process in which bar associations are involved is necessary, and conveyed the following:
"However, these measures will only be beneficial if you have a mindset that respects the rule of law and the state of law, and truly grasps the importance of the legal profession in terms of the rule of law. Otherwise, the exam to be held will not truly increase the quality of human resources in the judiciary."