The Role of Law Faculties in the Reasoning of Judicial Decisions

Within the scope of the project “Reasoning of Judicial Decisions”, initiated by the Justice Academy of Türkiye on 16 October 2020 under the vision “Effective Training for Justice that Inspires Confidence”, a workshop on “The Role of Law Faculties in the Reasoning of Judicial Decisions” was organized with the participation of the deans of 57 law faculties. Our university was represented at the workshop by Dr. Yavuz Özkan, Vice Dean of the Faculty of Law.

The workshop aimed to raise awareness and foster dialogue on the role of legal reasoning in undergraduate and postgraduate curricula, particularly in courses on legal argumentation and methodology, as well as on examination methods.

Key themes addressed at the workshop included the right to reasoned judgments, pedagogical perspectives on enhancing reasoning and analytical skills, argumentation training, and the contribution of legal education to judicial reasoning. The workshop, which consisted of three sessions, concluded with a group photograph.

“REASONED JUDGMENT” PROJECT TO MAKE SIGNIFICANT CONTRIBUTIONS TO THE LEGAL SYSTEM

In his opening remarks, President of the Justice Academy of Türkiye, Muhittin Özdemir, emphasized that drafting reasoned judgments is one of the most crucial issues of the Turkish judiciary. He expressed his full conviction that the project would provide significant contributions to the Turkish legal system and underlined the importance of strengthening cooperation with law faculties through this initiative.

The Justice Academy, with its renewed and enhanced structure and vision of “Effective Training for Justice that Inspires Confidence”, continues its activities in four main areas: training of candidates, training of judges and prosecutors, in-service training programs for public institutions, and international training programs for judges and prosecutors from foreign countries.

President Özdemir further noted that the ultimate aim is to cultivate judges and prosecutors who are committed to the rule of law and human rights, impartial, independent, conscientious, guided by professional ethics, and capable of meeting society’s need for justice.

Project Background and Objectives

The project was launched on 16 October 2020, within the framework of the Action Plan on the Prevention of Violations of the European Convention on Human Rights and the Judicial Reform Strategy Document of May 2019, in order to address violations related to the right to reasoned judgments.

Conducted under the leadership of the Justice Academy of Türkiye in partnership with the Ministry of Justice, the Council of Judges and Prosecutors, the Constitutional Court, the Court of Cassation, the Council of State, the Union of Turkish Bar Associations, and faculties of law, the project aims to systematically reform and improve the drafting style of judicial decisions.

The primary goals include:

Providing training to judges and prosecutors to enhance their reasoning skills,

Establishing standards for drafting reasoned decisions and ensuring their implementation,

Promoting clear, reasoned, and legally sound judgments to strengthen public trust in the judiciary,

Raising awareness among stakeholders and the public on the importance of judicial reasoning.

Activities and International Cooperation

Since its inception, the project has achieved significant milestones. A Scientific Committee of 19 members, consisting of representatives from the Union of Turkish Bar Associations and distinguished academics, and a Working Group of 23 members, including first-instance and high court judges, Justice Academy lecturers, and officials from the Ministry of Justice and the Council of Judges and Prosecutors, were established.

Regular roundtable meetings have been held since October 2020 to set the roadmap. Key activities include:

The Opening Conference on 3 June 2021 with the participation of the Minister of Justice,

Needs assessment studies in constitutional, administrative, criminal, and private law,

An international seminar on 5 November 2021 entitled “Comparative Perspectives on Judicial Reasoning”, with the participation of 250 judges, experts, and academics from the European Court of Human Rights, the United Kingdom, Italy, Germany, Spain, France, the United States, and Türkiye,

The publication of an e-book titled “Reports and Papers”, covering findings in constitutional and administrative law.

Future Steps

In the upcoming period, the following activities are planned:

A national workshop in March 2022 to evaluate the findings so far,

A two-day national symposium in May 2022 on “The Language of Judicial Decisions”,

Roundtable meetings to set reasoning standards and educational models,

An international symposium in July 2022 on global academic and judicial approaches to reasoning,

Integration of developed materials into training-of-trainers programs and in-service training.

The project is scheduled to conclude with a Closing Symposium in October 2023.

Contribution of Law Faculties

The reasoning of judicial decisions cannot be addressed solely by judicial bodies; the role of legal education in law faculties is equally important. The workshop emphasized the significance of integrating reasoning-centered courses into undergraduate and graduate curricula, raising awareness about examination methods, and exchanging views on pedagogical approaches.

The Justice Academy expressed its willingness to benefit from the proposals of law faculty deans, stressing that the project’s ultimate goal is to align Turkish judicial decisions with international standards and to ensure the highest level of protection of human rights.