AYBAY, Rona Uludağ Üniversitesi - Hukuk Fakültesi, Turkey , AYBAY, Rona Yakın Doğu Üniversitesi - Hukuk Fakültesi, Turkey

The Question of the Procedural Binding Force of the Provision Specifying that the Pre-investigation Must be Completed in One Year (Law on the Attorneys-at-Law Art.141/II)

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Law on Attorneys- at- law provides that the Board of Directors of the Bar Association is “obliged” to complete pre-investigation report and decide whether the disciplinary investigation should begin, in a period of no more than one year. The Council of State (Supreme Administrative Court) appears to overlook the legal certainty aspect of the matter and opines that this provision relates only the “internal matters” of the Administration and when the one-year period rule is not complied with, the accused lawyer has no recourse within the framework of the disciplinary action procedure. The author argues that this approach is not compatible with the guarantees provided for the accused by the human rights law.

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Attorneys , Disciplinary action , Human rights , Procedural guarantees.

Hukuk Araştırmaları Dergisi

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