Business Law Deneme Sınavı Sorusu #924133

"The Council of Judges and Prosecutors is independent in the exercise of its duties and authorities. No organ, authority, office or individual can give orders or instructions to the Council."

Which of the followings can be considered to be contradicting with the principle stated above?


The President of the Council is the Minister of Justice.

Seven members are appointed by the Grand National Assembly of Turkey.

Deputy Minister of the Ministry of Justice is an ex-officio member of the Council.

Four members are appointed by the President of the Republic.

No members of the council are elected by judges and prosecutors at the bench.


Yanıt Açıklaması:

The separation of powers, particularly between the political branches of government and the judiciary, is a core precept of the rule of law. Central to this principle is that the judiciary must be, structurally and in practice, independent. Thus, according to the universally accepted principle of independence of the courts, the independence of the judiciary is be guaranteed by the State and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. In accordance with international standards on the independence of the judiciary, the governing bodies of the judiciary must be independent of the executive and legislative powers. 

An institution is established in article 159 of the Constitution and called as the Council of Judges and Prosecutors. The Council of Judges and Prosecutors (CoJP) is an administratively and financially independent council performing its duties by considering the principle of independence of courts and the security of tenure of judges and prosecutors within the framework of the principles of fairness, impartiality, accuracy, honesty, consistency, equality, competence and qualification. The CoJP shall be established and shall exercise its functions in accordance with the principles of the independence of the courts and the security of the tenure of judges. 

The Plenary Assembly consists of thirteen members and the President of the Council is the Minister of Justice, who is a member of the executive branch. Therefore, the correct option is A.

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