Skip to content
  • Verfassungs
    blog
  • Verfassungs
    debate
  • Verfassungs
    podcast
  • Verfassungs
    editorial
  • Support ♥︎
  • About
    • What we do
    • Who we are
    • Jobs
    • Authors
    • Funding
  • Submissions
  • Projects
    • Thüringen-Projekt
    • OZOR
    • 9/119/11 jährt sich zum 20. Mal. Welche Spuren hat dieses Ereignis in der globalen und nationalen Verfassungs- und Menschenrechtsarchitektur hinterlassen? Dieser Frage wollen wir in einer Folge von Online-Symposien nachgehen. Gefördert von der Bundeszentrale für politische Bildung bringen wir Rechtswissenschaftler_innen aus verschiedenen Regionen und Rechtskulturen darüber ins Gespräch, was aus den Erfahrungen der vergangenen zwei Jahrzehnte in Hinblick auf Völkerrecht und internationale Menschenrechte, Asyl und Migration, Überwachung im öffentlichen und privaten Raum, Presse- und Informationsfreiheit, Menschenwürde sowie Rechtsstaatlichkeit und Justiz zu lernen ist.
    • Books
    • Journal
  • Libraries
    • DE
    • EN

Search

Search

Results for {phrase} ({results_count} of {results_count_total})

Displaying {results_count} results of {results_count_total}

Generic filters
Support us ♥︎
  • About
    • Who we are
    • What we do
    • Jobs
    • Authors
    • Funding
  • Submissions
  • Projects
    • Thüringen-Projekt
    • OZOR
    • 9/11
    • Books
    • Blatt
  • Libraries
    • DE
    • EN
Search

Results for {phrase} ({results_count} of {results_count_total})

Displaying {results_count} results of {results_count_total}

Generic filters
21 Juli 2022
Cem Tecimer

On Osman Kavala and Turkish Judicial Failures

The Committee of Ministers of the Council of Europe, in charge of monitoring compliance with ECtHR rulings, will now deliberate as to how to handle Turkey’s now judicially confirmed failure to release Kavala.  Suspension of Turkey’s membership in the Council of Europe, is an option that is on the table, at least theoretically. The Kavala case is larger than Kavala himself though.  Continue reading >>
0
30 Juli 2020
Esra Demir-Gürsel, Başak Çalı

Stay Away from Using your Constitutional Rights

The Academics for Peace Petition is a petition signed by over 2,200 academics in and outside Turkey in 2016. It became, however, more than a simple petition. This collection of signatures put in motion mass criminal proceedings, job dismissals and many other forms of administrative and social sanctions against hundreds of academics in Turkey. This reaction is unprecedented in terms of scale and effects in contemporary times. Continue reading >>
0
20 Januar 2020
Cem Tecimer

Why the Turkish Constitutional Court’s Wikipedia Decision is No Reason to Celebrate

The Turkish Constitutional Court (TCC) recently lifted the ban on Wikipedia and a surge of, in my view, unwarranted optimism has now sprung out of nowhere both among international and Turkish circles following the case closely. I fail to share this optimism. By all means, the lifting of the ban on Wikipedia is something to be happy about. But the timing and content of the TCC’s decision, when especially read through the political context in which it was handed down, do not give much reason to celebrate. Continue reading >>
0
20 Februar 2018
Dilek Kurban

Think Twice before Speaking of Constitutional Review in Turkey

German journalist Deniz Yücel has been freed from the Turkish prison he was held captive for a year. That the partial undoing of an unjust judicial decision had nothing to do with human rights, and everything to do with “diplomacy” – as Gabriel admitted – became all the more evident a few hours later. While one court in Istanbul released Yücel, another sentenced seven Turkish journalists to aggravated life in prison on charges of involvement in the failed coup attempt on 15 July 2016. In addition to being the first conviction of journalists in relation to the putsch attempt, the ruling is also remarkable due to its implications for Turkey’s constitutional regime. Continue reading >>
0
27 Januar 2018
Tolga Şirin

Is the Turkish Constitutional Complaint System on the Verge of a Crisis?

Last week, the Turkish Constitutional Court delivered two decisions on the constitutional complaints of two journalists, finding their detention to be unconstitutional. The Courts of Assize declared the decisions as void because of “usurpation of competence” and refused to enact them. A constitutional crisis seems to be deepening - at least in the short term. Continue reading >>
0
22 Januar 2018
Başak Çalı

Will Legalism be the End of Constitutionalism in Turkey?

On 11 January 2018, Turkish constitutionalism entered a new phase of decay. This phase was not triggered by criticism of its judgments by the government nor by the retreat of constitutional protections by the Turkish Constitutional Court (TCC) nor by constitutional court packing as seen in Hungary or Poland. Instead, first instance courts became the newest actors to challenge the authority of the country’s constitution and how it is interpreted by the TCC. The new rebels against Turkish constitutionalism are ordinary judges. Continue reading >>
1
27 Januar 2017
Maria Haimerl

The Turkish Constitutional Court under the Amended Turkish Constitution

In March 2016, the Turkish Constitutional Court (TCC) ruled that the rights of the Turkish journalists Can Dündar and Erdem Gül had been violated, leading to their release from prison after three months. Recep Tayyip Erdoğan responded by criticizing the TCC sharply, questioning its existence and legitimacy. This had not been the first time over the last years, that the Court had been attacked. The constitutional amendments, that will be put to referendum in April 2017, seemed to be a golden opportunity to change the composition and cut back the broad competences of the TCC. Did the AKP-led Parliamentary Constitutional Committee seize this opportunity? Continue reading >>
0
21 November 2016
Ulaş Karan

Mercan v. Turkey: Waiting for the Last Word of the Turkish Constitutional Court

For the time being, the fallout of the attempted coup d’ètat of July 15th 2016 in Turkey will not reach Strasbourg. Victims of alleged human rights violations first have to exhaust domestic remedies before they can apply to the European Court of Human Rights (ECtHR). This is the result of Mercan v. Turkey, the first of more than 3000 applications regarding alleged violations after the attempted coup and the declaration of a state of emergency. The Strasbourg court views the Turkish Constitutional Court (TCC) not as per se incapable of adjudicating in these cases in an effective way. If the TCC can live up to these expectations remains to be seen. Continue reading >>
1

Verfassungsblog is a journalistic and academic forum of debate on topical events and developments in constitutional law and politics in Germany, the emerging common European constitutional space and beyond.

Newsletter

Email
GE EN I hereby subscribe to receive information about new articles and services of verfassungsblog.de. I know that I may withdraw my consent at any time. More information in the privacy policy.
Imprint Privacy