A Comparative Analysis of Turkish Public Law and European Union Public Law
The legal systems of Turkey and the European Union (EU) have evolved over time, influenced by historical, political, and social factors. While both systems share common principles and objectives, they also exhibit distinct characteristics that reflect their unique contexts. This essay delves into a comparative analysis of Turkish Public Law and EU Public Law, examining their key features, areas of convergence and divergence, and the impact of EU accession on Turkish law.
Turkish Public Law: A Historical Perspective
Turkish Public Law has undergone significant transformations throughout the country's history. Rooted in Ottoman traditions and later influenced by continental European legal systems, Turkish public law has adapted to the evolving political landscape of the Republic of Turkey. The 1982 Constitution serves as the bedrock of the current legal framework, enshrining fundamental rights and freedoms, establishing the separation of powers, and outlining the structure of government.
EU Public Law: A Supranational Legal Order
EU Public Law, on the other hand, emerged from the post-World War II era, establishing a supranational legal order governing the member states. The cornerstone of EU Public Law is the founding treaties, including the Treaty on the Functioning of the European Union (TFEU) and the Charter of Fundamental Rights of the European Union (CFREU). These treaties establish the EU's institutions, define its competencies, and articulate the principles that underpin its legal system.
Areas of Convergence
Despite their distinct origins, Turkish Public Law and EU Public Law share common ground in several areas:
Protection of Fundamental Rights and Freedoms: Both systems uphold fundamental rights and freedoms, enshrined in their respective constitutions and treaties. These rights include freedom of expression, association, and religion, as well as the protection of property rights and due process.
Rule of Law: Both Turkish Public Law and EU Public Law adhere to the principles of the rule of law, ensuring that laws are enacted and applied fairly, consistently, and in accordance with democratic principles. This entails the separation of powers, an independent judiciary, and the supremacy of law over arbitrary actions.
Accountability of Government: Both systems emphasize the accountability of government institutions to the people they serve. This accountability is achieved through mechanisms such as parliamentary oversight, judicial review, and public participation in decision-making processes.
Areas of Divergence
While Turkish Public Law and EU Public Law share many commonalities, they also exhibit notable differences:
Supremacy of EU Law: A unique feature of EU Public Law is the doctrine of supremacy of EU law over national law. This means that EU law prevails in cases of conflict with national laws, ensuring the uniform application of EU rules across member states. Turkish Public Law, as the law of a sovereign nation, does not subscribe to the concept of supremacy of supranational law.
Direct Effect of EU Law: EU law can have direct effect, meaning that individuals can invoke EU law provisions directly before national courts. This direct effect principle is not applicable in Turkish Public Law, where national law generally takes precedence over international law.
Role of the European Court of Justice (ECJ): The ECJ serves as the supreme interpreter of EU law, ensuring consistent application and development of EU jurisprudence. Turkish Public Law has its own system of courts, including the Supreme Court of Appeals and the Constitutional Court, which are the highest judicial authorities in the country.
Impact of EU Accession on Turkish Law
Turkey's pursuit of EU membership has had a significant impact on the development of Turkish Public Law. In preparation for accession, Turkey has undertaken extensive reforms to align its legal framework with EU standards. This harmonization process has encompassed areas such as fundamental rights, consumer protection, environmental protection, and intellectual property law.
Conclusion
Turkish Public Law and EU Public Law, while distinct in their origins and structures, share common principles and objectives. The EU accession process has further driven the convergence of Turkish law with EU standards. As Turkey continues its engagement with the EU, the interplay between Turkish Public Law and EU Public Law is likely to remain a dynamic and evolving area of legal discourse.
