Hukuk Fakültesi/ Faculty of Law

Permanent URI for this collectionhttps://hdl.handle.net/11727/1398

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Start date: 2022

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    A 'Flawless' Constitutional Engineering Project In Turkey: Regime Transformation Through Constitutional Amendments Of 2007, 2010, And 2017
    (Başkent Üniversitesi Hukuk Fakültesi, 2024-04-17) Genckaya, Omer Faruk; Dunbay, Seda
    A functional legislature is very vital for democratisation. During the time of democratic consolidation, parliament changes from its primary roles of oversight, representation and legislation into 'important public arenas of partisan dispute, of encounters with social topics, of negotiations and of important decision-making'. Populist leaders in parliamentary systems like Turkey recently either led to sui generis presidential systems or transformed them into illiberal democracies by expanding the executive branch's power to amend the constitution, which contradicts the favourable conditions of the third wave of democratisation at the turn of the twenty-first century. By streamlining legislative processes, the Turkish Constitution of 1982 envisaged an empowered executive that would subordinate the parliament. The three constitutional modifications passed after 2007 resulted in de-democratisation, de-parliamentarisation and eventually, a regime change from democratic consolidation to autocracy. The parliamentary debates on these constitutional amendments, which included popular presidential election, judicial reform and the so-called 'Turkish style' presidential governance system, failed to reach a consensus and were marked by an adversarial rather than deliberative approach. Have constitutional reforms made in the name of re-democratisation resulted in de-democratisation, with the legislature entirely crippled, the judiciary reliant and the executive exercising sole authority? This study aims to analyse the impact of three consequential constitutional amendments on democratic backsliding in Turkey, with special reference to the decline of parliament. Parliamentary minutes on the relevant constitutional amendments, procedural changes disabling the parliament from performing its legislative and oversight functions and the actual outcomes of these amendments in terms of executive-legislative relations will be discussed. In conclusion, potentials for strengthening parliament, checks and balances, and re-democratisation will be presented.
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    Assessments Regarding the Legal Status of Afghans Who are Irregular Migrants in Turkey
    (2022) Koca, Sema Cortoglu; IZP-7037-2023
    In this study, the legal statuses of Afghans who are irregular migrants in our country, due to the events in Afghanistan, have been explored. To begin with, it has been attempted to determine which of the international protection types such as refugee, conditional refugee and subsidiary protection statuses can or cannot be obtained, as well as the examples of judicial decisions. The international protection application procedure has also been discussed while making this determination. When the international protection applicants and international protection status holders in Turkey are examined, it is discovered that the majority of these groups are Afghans. The issues to be considered in the individual evaluations of the administration in terms of each applicant while granting international protection status are also discussed. Moreover, regarding the evaluations made in terms of the applicant, the decisions of the European Court of Human Rights and the Turkish court decisions are included. Our study has also evaluated whether Afghan citizens can get temporary protection status and immigrant status. Citizens of the Syrian Arab Republic who came to or crossed our borders from Syria for temporary protection as a result of the events in Syria have been granted temporary protection. In our study, the case in which it is possible to grant Afghan citizens temporary protection has been evaluated. Moreover, it has been discussed whether it is possible to grant immigrant status to Afghan citizens of Turkish origin in the past. Finally, in the study, the types of residence permit that Afghan citizens who are irregular immigrants in the country can obtain in order to legally reside in Turkey are mentioned.
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    How to Approximate Cosine Curve with 4(Th) and 6(Th) Order Bezier Curve in Plane?
    (2022) Kilicoglu, Seyda; Yurttancikmaz, Semra
    There are many ways to approximate cosine curve. In this study we have examined the way how the cosine curve can be written as any order Bezier curve. As a result using the Maclaurin series we have examined cosine curve as the 4(th) and the 6(th) order Bezier curve based on the control points with matrix form in E-2. We give the control points of the 4(th) and the 6(th) order Bezier curve based on the coefficients. Also we give the coefficients based on the the control points of the 4(th) and the 6(th) order Bezier curve too.
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    Applicability of the Vienna Sale Agreement (CISG) for Advanced Purchase Agreements of COVID-19 Vaccines in EU Member States
    (2022) Cortoglu Koca, Sema
    The European Commission has signed advanced purchase agreements with various vaccine manufacturers for the production, purchase and supply of the COVID-19 vaccine in the EU. Some parts of the agreement texts with AstraZeneca, CurevacAg and Pfizer Inc./BioNTech have been blacked out. In these agreements, it is understood that Belgian courts are competent and Belgian law is chosen. In a dispute, it is possible for the competent courts to apply CISG since Belgium is a party to the CISG. Even if choice of law hasn't been made, the fact that the workplaces of all parties to these ageements are party to CISG, makes the CISG applicable. This study evaluates the applicability of the CISG to advanced purchase agreements (especially made with AstraZeneca) in EU Member States.