Summaries from Law Section
The State of Emergency Applied After Terrorist Attacks of November 13, 2015 in France and the Measures Taken in this Context (2016)
The memorandum focuses on the legal background of which the ongoing state of emergency held in France since 14 November 2015. In that regard, the State of Emergency Act of April 3, 1955 can be seen as the main legal basis in the application of the actual state of emergency. Thus, it discerns the exceptional circumstances articulated in the articles 16 and 36 of French Constitution from the state of emergency that emanates from the law.
Apart from the legal basis of the state of emergency, the study also presents statistical information onthe penal measures (to a certain date) such as seizures, searches and detention orders etc., which have been taken by the competent French authorities throughout the state of emergency.
General Overview of the Criminal Regulations on Animal Rights in Continental Europe and Turkey (2018)
The memorandum examines the penal regulations regarding animal rights in various European countries and Turkish law. The Universal Declaration of Animal Rights announced at the UNESCO headquarters in Paris in 1978 was reorganized by the Animal Rights Union in 1989. It is presented to the General Directorate of UNESCO in 1990 and was announced to the public in the same year. According to the Declaration, it is accepted that all living creatures have natural rights; people have various moral obligations against all living creatures; people should recognize the right of animal species to live and respect animals. In this context, the issue of the protection of animal rights is regulated in international texts and in domestic legislation. The legal status and rights of animals have been discussed within these various aspects.
International Protection Status and the Legal Status of Syrians under Temporary Protection in Turkey (2020)
Article 3 of the Law on Foreigners and International Protection (law no: 6458, dated 4 April 2013) defines the term “foreigner” as "persons not having the citizenship of the Republic of Turkey". Determining the kind of international protection to be legally provided to foreigners coming to Turkey for various reasons is important for determining the rights and obligations of foreigners and Turkey’s responsibilities.
In the press and official statements, it is observed that foreigners who come for asylum are named differently from the legally recognized international protection terminology. For example; the terms "refugee" or "asylum seeker" are being used for the Syrians seeking refuge in Turkey, whereas they are under temporary protection officially.
In the memorandum, first of all, the terms of international protection status and temporary protection status are explained. Then, the legal status of Syrians in Turkey and legal regulations for temporary protection status in different countries are examined.
Protection of Personal Data in the Digital Era and the Right to be Forgotten (2020)
In this report; the right to be forgotten, the emergence of the concept, its place in the legal system and its scope are explained in detail. The report is divided into two main titles, the first title is the protection of personal data and the second title is the right to be forgotten. After the right to protect personal data is explained in detail, the place, definition and scope of the right to be forgotten within the right to protect personal data are explained.
In the report, firstly the normative regulations and then the relevant case law are studied. Then, without leaving the basic systematic, the international regulations and domestic law are held. The report concludes by emphasizing that the right to be forgotten is a relatively new right and addresses some future predictions.
Participation of Independent Members in Legislative Activities in The Grand National Assembly of Turkiye (2020)
Constitution of Turkey qualifies political parties as indispensable elements of democratic political life. However, independence in the exercise of political rights is also guaranteed in the Constitution. The laws regulating Turkish political life contain regulations on independent political activities as wel In this memorandum, the legislative work that an independent deputy in The Grand National Assembly of Turkiye can perform is discussed.
Firstly, the legal framework for independent political activity is outlined: In the parliamentary law, being an independent deputy consists of two positions:, (1) not being member of a political party or (2) being member of a political party that does not have a group in the Parliament. Secondly, the memorandum explains which legislative activities an independent deputy could carry out on his/her own, in accordance with the sources of parliamentary law, in particular with the Rules of Procedure.
