Project Manager : Asst. Prof. Dr. Gülşah Bostancı Bozbayındır
Faculty/Department : Faculty of Law
Project Duration : 8 Months
Total Project Budget : 65,187.00 TL
Coordinating/Partner Institution : TUBITAK/ 3001 - Start-up R&D Projects Support Program
Project Start Date : Sep 16, 2018, 00:00
The ultimate aim of the project is to be prepared in advance for the potential problems that Turkish Criminal Law is likely to encounter as a result of the harmonization of Turkish legislation with the EU acquis, to be carried out under Chapter 24 opened between the EU and the Republic of Turkey, and to identify solution proposals before these problems arise.
Another aim is to put forward proposals for preparing a legal foundation ready for the direct impact on Turkish Criminal Law of directives (legal texts issued by the European Parliament and the Council) issued by the European Parliament under the Lisbon Treaty. The distinguishing feature of directives is that they are issued by the European Parliament and become part of domestic law without the need for any domestic legal regulation. Natural or legal persons may bring an action before the Court of Justice of the European Union against member states in the event of a breach of these directives. For this reason, a requirement arises to carry out domestic regulations in line with the matters introduced by the directives. With the Lisbon Treaty, the existence of directives in the field of Criminal Law emerged for the first time. This is also an important novelty for European Union member states, and the extent of it is fiercely debated. Should the Republic of Turkey become a member, it is inevitable that the same debates will arise. Even if EU membership does not materialize, the signing of supranational agreements within the area of justice, freedom, and security may still be possible. For this reason, another aim of the project is to seek solutions to these debates in advance.