What should the new gov’t start doing about the legal system?

It is no secret that the Turkish legal system in the last decade went through one of its most difficult times in its history.
Today it is very difficult to say that the legal system is well-established and perfectly functioning. It would be unnecessary to give examples of this malfunction as every citizen has experienced how, where and when the legal system has failed.
The fact is that the people of Turkey have lost their confidence in justice in the country.
Now there is a chance to rectify all these. This challenging task can be performed with careful planning. At the first opportunity, political influence on the justice system should be minimized. I say and”should be minimizedand” because it would be naandiumlve to believe any court in the world has never been under the influence of politics. Making moves towards removing political influence over the justice system is essential at this point.
Following this or at the same time, lawmaking should be reverted to the way it was in the past the new government should stop making omnibus laws in which many different and irrelevant articles of several laws are amended, modified, abolished or implemented. On omnibus law is a piece of legislation that amends multiple laws but laws are not assorted candies that you can put in a bag and just legislate at one go without careful consideration of the circumstances and effects of the proposed amendment on the whole system. Making a law is a step forward but first it must to be considered how this new law will change the ongoing order.
It is a must to have the legal system working again. Today we are at the edge of civil disobedience because officials of the country are displaying disobedience and the people of Turkey now believe disobedience is doable. Those who have acted against the rule of a court or a law must be prosecuted and brought before justice. It must be underlined that no one is above the law and any action challenging the law will be subject to consequences.
Concerning the new laws to be made, there is large list of laws that are waiting to be legislated. First the laws conflicting with the Constitution must either be rectified or abolished and new laws should be enacted. If I may give a daily example, the current sanctions for burglary are regulated by criminal courts but the sanctions for burglary are far from being effective since burglars are simply released after an hour in the courthouse. Needless to say, this law must be changed so as to make sure that it complies with the obligation of the state to protect the properties of its citizens. The issue of child labor must be handled immediately and heavier sanctions should be implemented to stop people from using child laborers. Another law that must be enacted immediately is on protecting animals.
Following domestic law-related matters, the next issue is making sure that Turkey is compliant with international conventions and agreements. It is just astonishing to consider how much needs to be done and I am a little worried about the new government and how it will handle these problems and solve them.
NOTE: Berk andcektir is a Turkish lawyer and available to answer questions on the legal aspects of living and doing business in Turkey. Please kindly send inquiries to b.cektir@todayszaman.com. If a senderand’s letter is published, names may be disclosed unless otherwise is expressly stated by the sender.
DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not rely solely on the information in this column.

SOURCE: Today’s Zaman