ÜNVER, Yener Özyeğin Üniversitesi - Hukuk Fakültesi - Ceza ve Ceza Muhakemesi Hukuku Anabilim Dalı, Turkey

Examining the Third Judicial Package within the context of harmonization studies of Turkish Criminal Law with European Union Law

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Even tough it seems like Turkish lawmaker speeds up its efforts on harmonizing our legislations into EU law, in fact, it has been actually for decades that it has done a lot of changes in regulations. Apart from the Turkey’s EU membership status which seems quite impossible, this studying on this field contributes Turkish law system and also helps on improvement of democracy, modern law and legal culture. However, due to preparing this studying impetuously and without referring to any expert opinion, lots of changes has to be done in codes before it went into effect. Thus, it reduces confidence to legal system. Also in practice, it creates a view that shows law has made for certain people, so even tough it has done under harmonization of EU law, it removes the difference between “law” and “code”. Therefore, in reality, it creates a legal culture that is isolated from EU law and it causes a sensation that law is based on only the desire of the political majority, rather than scientific opinions. As important as regulations and maybe more important thing is legal practice and legal culture of judicial authority. Apart from few regulations than have positive improvement, it has seen that there is an isolation from EU law, especially in legal practice. Therefore, to become successful on this field, it is only possible by constituting a modern and scientific legal culture and practice.

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Third judicial package , The courtsvthat have original jurisdiction , Harmonization of EU law , Embezzlement , Bribery , abuse of authority , Electronic notice , Privacy , personal rights , Gratuitous benefit , Not reporting a crime.

Hukuk Araştırmaları Dergisi

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