XVIiI International Judicial Conference May 20-22, 2015 Antalya, Turkey 18th Annual International Judicial Conference Antalya, Turkey May 20-22, 2015 Sponsored by The Furth Family Foundation Co-sponsored by The Constitutional Court of Turkey The University of Michigan Law School International Foundation for Electoral Systems Wednesday, May 20 10:00 18:30 Conference Registration Ramada Plaza Antalya Gençlik Mahallesi Fevzi Çakmak Caddesi No: 22 07100 - Antalya - TURKIYE 16:00 16:30 Session Panel Meetings Carnavale I – Floor -2 19:00 21:00 Welcoming Reception Indigo’s Pub – B Block Floor -2 Thursday, May 21 Carnavale I Floor -2 9:00 Opening Remarks Frederick P. Furth, Esq., Founding Partner, The Furth Firm LLP, Conference Chairman, IFES Board of Directors Judge Osman Alifeyyaz Paksüt, Constitutional Court of Turkey Daniel A. Crane, Associate Dean for Faculty and Research and Frederick Paul Furth Sr. Professor of Law, University of Michigan Law School 9:30 Session One – International Law in Domestic Legal Systems Moderator: Timothy Dickinson, University of Michigan Law School Commentator: Daniel A. Crane Speakers: Justice Abdul Karim Pharaon, Court of Cassation, Abu Dhabi Mr. Ivo Pospíšil, Secretary General, Constitutional Court of the Czech Republic Judge Alejandra Claudia Velazquez, Argentina This panel will discuss the extent to which international law is integrated into domestic adjudication. In particular, panelists will explore the following questions: Under what circumstances, if any, can domestic courts apply XVIiI International Judicial Conference May 20-22, 2015 Antalya, Turkey international law even in the absence of specific domestic implementing legislation? Does international law take precedence over some or all of domestic law, for example, constitutional law, statutes, decrees and regulations? How do domestic courts rank various forms of international law, including treaties, traditional international law, general principles, and jus cogens, for purposes of domestic application? Have rules of international law reshaped the substance of domestic legal norms, for example in the areas of fundamental rights, due process, and/or the interpretation of statutes, either because domestic courts chose to follow an international law model or were legally bound by international law to do so? 10:15 Coffee Break 10:45 Comments 10:55 General Discussion 12:00 Lunch – Mood’s Restaurant – Floor A 13:30 Session Two – Docket Management and the Role of Highest Courts Moderator: Julian Mortenson, University of Michigan Law School Commentator: Daniel Halberstam, University of Michigan Law School Speakers: Senior Judge J. Clifford Wallace, Chief Judge Emeritus, U.S. Court of Appeals for the Ninth Circuit Justice Niels Grubbe, Supreme Court of Denmark Justice Chiranit Havanond, Supreme Court of Thailand Judge Osman Alifeyyaz Paksüt, Constitutional Court of Turkey This panel will explore how highest courts manage their caseload while preserving fairness to litigants and fidelity to their basic mission. Panelists will discuss the following questions: What is their highest court’s basic mission – justice, proper application of the law, consistency in the application of the law by lower courts, or a combination of these and/or other objectives? Does the highest court conduct fact-finding proceedings or does it only perform appellate review? What distinguishes cases that come to the highest court from those that do not? How does the highest court exercise its discretion (to the extent it has any) to take or reject petitions for review? What is the scope of judicial review? Can the highest courts (on their own or on the motion of a party) consult another court, for example a lower court, a component state high court in a federal system, or an international court, in the course of their proceedings? Who has standing to bring a case to the highest court? Is the highest court underused or overloaded, and, if so, what are the strategies for improvement or reform? 14:30 Coffee Break XVIiI International Judicial Conference May 20-22, 2015 Antalya, Turkey 15:00 Comments 15:10 General Discussion 16:30 End of Session 19:00 21:00 Dinner hosted by The Furth Family Foundation Mood’s Restaurant Friday, May 22 Carnavale I 9:00 Session Three – Judicial Independence and Outside Influence Moderator: Daniel A. Crane Commentator: Timothy Dickinson Speakers: Deputy Chief Justice Adel Omar Sherif, Supreme Constitutional Court, Egypt Chancellor Carl Singh, Supreme Court of Guyana Former Chief Justice Tassaduq Hussain Jillani, Supreme Court of Pakistan Justice Vasyl Humeniuk, Supreme Court of Ukraine This panel will go beyond the formal boundaries of judicial appointment and judicial tenure to examine various forms of influence that may affect the independence of the judiciary. Panelists will explore the following questions: Is the parties’ access to judges limited to the public courtroom, conferences in which the opposing parties are present, and the filing of briefs to which opposing parties may rMeespond? What kind of access do interest groups have to judges outside the formal process of adjudication? What role do non-parties to a case play in the process of adjudication? What rules govern judges’ extra-judicial employment or compensation? What are the rules governing recusal in cases of conflicts of interest? To what extent are codes of conduct and ethics rules applicable to a judge’s family? Who monitors compliance with codes of conduct and ethics rules, and by what means? Are judicial salaries competitive with salaries earned in comparably high-level government service or in private practice? 10:00 Comments 10:10 General Discussion 10:40 Coffee Break 11:10 General Discussion Continues 11:55 Group Photograph 12:00 Lunch – Mood’s Restaurant XVIiI International Judicial Conference May 20-22, 2015 Antalya, Turkey 13:30 Session Four – The “War on Terror” and the Rule of Law Moderator: Daniel Halberstam Commentator: Julian Mortenson Speakers: Deputy Chief Justice Adel Omar Sherif, Supreme Constitutional Court, Egypt Chief Justice Bart Katureebe, Supreme Court, Uganda Justice Dr. Julio César Chalar, Supreme Court, Uruguay (retired) Dr. Issam M. Saliba, Senior International Law Specialist, U.S. Library of Congress This Panel will explore the challenges that the so-called “global war on terror” poses to the preservation of the rule of law and judicial independence. In particular, panelists will examine the following questions: Are the judicially protected rights of terrorism suspects different from those of ordinary criminal suspects in regards to investigation, pre-trial detention, trial, and/or punishment? To what extent are terrorism suspects treated differently from prisoners of war? Does the judiciary generally grant the government special deference in civil antiterrorism measures, as compared to civil measures that combat other unlawful behavior? Does the law specifically define “terrorism,” “terrorism suspects” or similar concepts, and how broad are these definitions? Has the “war-on-terror” led courts to reconsider or revise basic rights, either in the formulation of those rights or in their general application? 14:30 Comments 14:40 Coffee Break 15:10 General Discussion 16:30 Concluding Remarks Daniel A. Crane Judge Osman Alifeyyaz Paksüt Frederick P. Furth 17:00 End of Session 19:00 21:00 Dinner hosted by The Constitutional Court of Turkey and The Furth Family Foundation Carnavale III – Floor -2 Ramada Plaza Antalya Saturday, May 23 10:00 Tour of Perge, Sponsored by the Furth Family Foundation Meet in Hotel Lobby
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