12 - European contract and non-standard request right

European community has economic dimension and political, legal and social dimension in the sense of its establishment purposes both. Turkey participated on to in the year 1949 the beginning activities of the European community in the start. However Turkey and Grichenland are at the founder states in the year 1950 of this community joined and in such a way carry for community coats of arms twelve asterisks.

It is unfortunate that the Turkey, which is in older relationship with the community its internal laws the regulations of the European community lets entsprehen has. In view of the contemporary andistic stic ideas the difference between citizens and foreigners does not have a meaning. From this view the laws, which eliminate the differences between the citizen and the foreigner, are to be applicable in the Turkish Rechtssysem.

The regulation (article 58) over the equal rights of the other legal and naturlichen persons bring along the basic modifications in the working life. Also the Regelung(Artikel 37) over the national sole right in some investment is to be changed.

Turkish republic joined the European contract on 28 January 1987 over the human rights and the judicial competence of the log with the number 1 assumed. In the case of the violation that the persons rights and liberties recognized have the persons the right to request itself to the European court for the human rights.

1. Article of the European contract for Merschenrechte: " the excellent involved ones of the contract have in the 1. Articles of the present Treaty marked rights and liberties of each person recognition. " Like that the states concerned are obligated to change the internal regulations in the sense of the compatible regulations. These rights and liberties are defined in first paragraph. In particular the rights such as protection, equality before the law, meeting, liberty of opinion and freedom of association and faith and confession liberty were called most important fundamental rights. Vested title, right to vote and education authorization were ensured thereafter by the Protokol with the number 1.

The request right in the European contract is recognized everyone, which lives in the country of the states, which took part to the contract. Both the persons and the communities, who do not possess legal Personalitaet, have request right within the area of the European contract. As well as state can request against state to the court. To the Beispiel:Frankreich, Denmark, Switzerland, Nederland and Belgium under the statement that Turkey offended by the putsch in the year 1980 against the regulations of the contract it requested, to the European court for human rights. On the agreement between Turkey and other states this request was raised.

According to the regulations of the contract can be requested only against the valid judgements to the court. Thus that, against which a judgement is issued, must have executed all internal legal requesting. Since the internal redresses remain ineffectively or forless as well as not united for the completion of the purpose, the court holds that

Request in this exceptional case for valid. European court has such requests, which are submitted concerning the judgements, against which the internal redresses are not led, against Turkey assumed.

short summary: The natural persons, the unoffiziellen legal entities and the communities, who do not possess legal Personalitaet, can request because of the valid judgements under the statement that these judgements violated their own rights, against the taking part state to this court.

Since Turkey is obligated for the prevention of the such law breakings, has to change in accordance with the decisions of the European court laws internal for human rights.

It is very important to submit similar decision of the European court for human rights, issued in former times, to the thing to the responsible Turkish court in the course of the negotiation.

Turkey concerns itself for the appropriate modification in internal laws due to the regulations of the European contract and the decisions of the European court for human rights indignantly and in such a way arises the similar law breakings. Up to now the European court for human rights for a foreigner seized against Turkey no resolution. However it comes into the daylight that the laws of the executable Turkish laws correspond to foreign things the European contract not sufficiently. So if the Turks or foreigner request because of the law breakings to the European court for human rights, the future violations of human rights are reduced. And also it would be the reason of the appropriate modification in internal laws.

Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht- 1.Einführng 2.allgemeiner Blick auf das türkischen Rechtssystem 3.Burgerrecht 4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers 5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen 6.PERSONENRECHT 7.Yabancının taşınmaz edinmesi 8.Dernek, Sendika ve Sosyal güvenlik 9.ERZIEHUNGSRECHT 10.HANDELSRECHT 11.Joint Venture Vertrag 12-Europavertrag und individuelles Antragsrecht 13-Die Eheschliessung, das Verlöbnis, Die Abstammung 14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz 15-Strafrecht

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