Kolektif kitaplarından Introduction to Law kitap alıntıları sizlerle…
Introduction to Law Kitap Alıntıları
i. Shareholders General Assembly : General Assembly is the decision making organ of a joint stock company where each shareholder has the right and duty to participate and vote either personally or through a proxy. The general assembly meets regularly at least once a year (ordinary general assembly meeting/annual meeting) and where necessary extraordinarily.
ii. Board of Directors : The Board of Directors is the representing organ of the joint stock company composed of one or more persons as Directors assigned by the Articles of Association. Board of Directors is the organ to whom the general assembly may delegate partially or fully the authority of management of the company. The members of the Board of directors must be individuals and should be shareholders of the company. Those who represent the company can carry out all transactions on behalf of the company. Unless otherwise agreed in the Articles of Association, pursuant to the law, the board of directors meets with simple majority and decides with the majority of those directors who are present in that meeting.
iii. Statutory Auditors: The auditing of the joint stock companies shall be carried out both internally and externally. For internal auditing, in addition to the Board of Auditors, the auditing shall be carried out by independent auditing companies (sworn financial accountants such as the big four auditing companies) or alternatively, medium and small size companies may use the services of sworn financial advisors or public accountants. Such auditing requirement, however, is applicable only to some corporations, which are to be determined and announced by the Council of Ministers. External audit is performed primarily by the Ministry of Customs and Trade. In additian to these, tax offices also have authority to audit the company accounts.
a. Corporate forms of companies
•Joint Stock Company
•Limited Liability Company
•Cooperative Company (Cooperatives)
b. Non-corporate forms of companies
•Collective Company
•Commandite Company
•Book 1: (Articles 1 – 123) on Commercial Enterprise: regulates matters related to commercial business such as consequences and liabilities of a commercial enterprise, types of merchants and acting merchants, bankruptcy, trade registry, interest in commercial business, transfer of commercial enterprise, commercial litigation, consequences and liabilities of being a merchant; trademark and trade name usage, commercial books and unfair competition/trading.
•Book 2: (Articles 124 – 644) on Commercial Entities: regulates commercial companies where types of companies and rules regulating companies from establishment to dissolution rate regulated and the liabilities and operation of different type of companies are set forth. The parties (shareholders/partners) establishing the company enter into a contract titled “Articles of Association (AoA)”. The following should be stated in the Articles of Association:
•Headquarters and corporate title of the company
•The objectives of the company
•Capital, nominal value of shares, number of shares and the terms of payment
•In case of capital commitment in kind (rather than or together with cash), the value appraised for the in kind capital
•Special privileges if any, for the shareholders, directors or other persons
•Provisions concerning the election of the members of Board of Directors and statutory auditors; their rights and duties and the persons authorized to represent the company
•Rules of general assembly meetings (quorum etc)
•The duration of the company
•The form of announcements of the company
•Portion of the capital each shareholder has undertaken
•Book 3: (Articles 645 – 849) on Valuable Papers (Negotiable Instruments)
•Book 4: (Articles 850 – 930) on Transport (Carriage) Operations •Book 5: (Articles 931 – 1400) on Maritime Law
•Book 6: (Articles 1401 – 1520) on Insurance Law
If a debtor becomes insolvent, in order to avoid or escape bankruptcy, she may resort to composition agreements. Even if the debtor is not eligible for bankruptcy, she may resort to composition agreement. Composition agreements are debt restructuring agreements between the debtor and her creditors. However in order for these agreements to bear legal consequences, they must be approved by the court.
Composition agreements may involve either extension of time or rebate from the debts, or both. There are three types of composition agreements:
(1) Simple composition agreement
(2) Composition in bankruptcy
(3) Composition by way of abandonment
Simple composition starts with the proposal and request of the debtor from the compulsory enforcement court. Upon examination, if the court determines the potential success of the proposal, it grants the debtor three-month time (may be extended for two more months) in which she is protected from any enforcement proceeding. The court also appoints a composition commissioner with varying duties and powers.
Composition may also be agreed upon during bankruptcy. In such case, no protective time is needed; the duties of the commissioner are carried out by the board of trustees and the creditors immediately vote for the proposal. Should the agreement is agreed upon, the commercial court examines it. If the court approves the agreement, the bankruptcy state must also be removed by the court.
Third type of composition, composition by way of abandonment is a relatively new and under-utilized procedure. In this procedure, if the agreement is reached and the court approves the composition, the debtor surrenders her power to dispose on her attachable assets to the creditors and creditors liquidate the assets of the debtor as they see fit. The major difference between this procedure and bankruptcy liquidation, unlike the latter, the debtor comes out free of her debts at the end of composition procedure.
Appellate remedies are generally divided into two categories: ordinary appellate remedies and extra-ordinary appellate remedies.
Ordinary appellate remedies are the remedies to be exhausted before a decision becomes unappealable. Intermediate appeal and appeal are the ordinary appellate remedies.
Extra-ordinary appellate remedies, on the other hand, are the remedies that may be applied after the decision becomes unappealable; therefore, they remove res judicata. There is only one real extra-ordinary appellate remedy in civil litigation: the renewal of proceedings (yargılamanın iadesi).
Three types of provisional legal reliefs are more common than others. They are; provisional remedy, provisional attachment and preliminary discovery of evidence.
Provisional remedy is the general provision to be resorted to when a provisional relief is needed and no other type of temporary relief is designated by any statutory provision regarding the matter. Provisional remedy may be granted to serve one of three purposes: performance (e.g. provisional alimony), protection (e.g. surrendering the subject matter to a trustee) or a temporary constructive measure (e.g. granting the custody of a child to a parent in divorce actions).
Final decisions of the court are generally categorized into three categories, which are (1) procedural final decisions (or dismissal of the action on procedural grounds), (2) the judgment (hüküm) (ruling on the merits) and (3) decisions declaring that the subject matter of the action has perished (therefore there is no need to render a judgment). Procedural final decisions are the dismissal of the action on account of procedural errors. These decisions do not resolve the dispute; therefore, a new action may be filed again. Judgments, on the other hand, resolve the dispute and therefore constitute res judicata, upon which they become unappealable. If a party files another action identical to the previous one, the court must dismiss the action on account of a res judicata on the matter.
In civil procedure, types of evidence are divided into two categories according to their evidentiary weight: definitive evidence and discretionary evidence. The definitive feature of a type of evidence may only be determined by the Statute. In civil procedure, there are three types of evidence that are definite: Deed, oath and res judicata.
1.Turkish courts must have judicial power on the matter.
2.The court must have jurisdiction with respect to branch of judiciary.
3.The court must have subject-matter jurisdiction.
4.The court must have venue in circumstances that venue is definitive.
5.The parties must have capacity to be a party and capacity to conduct civil proceedings; the representative must have required qualifications in circumstances that legal representation is present.
6.Capacity to litigate must be held.
7.The attorney must have power to represent the client and a power of attorney issued in accordance with law in circumstances that party representation is present.
8.The advance for judicial costs that the plaintiff is required to deposit must be deposited.
9.Decision of the court demanding security to be given must be fulfilled.
10.The plaintiff must have a legal interest to file the action.
11.An identical action must not be previously filed and still pending.
12.An identical action must not have been previously resolved with an unappealable judgment.
(1) Actions for performance (eda davaları): Action for performance is an action in which the court is requested to sentence the defendant to give or perform, or avoid from doing something. Actions for performance may also be filed as indefinite debt action.
(2) Declaratory actions (tespit davaları): With declaratory action, the court is requested to determine the existence or nonexistence of a right or a legal relationship, or whether a document is forged or not.
(3) Constructive actions (inşai davalar): With constructive action, the court is requested to create a new legal status, or modify the substance of an existing legal status or terminate it.
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The plaintiff may jointly assert multiple independent principal claims against the (same) defendant in the same complaint. This is called the “accumulation of claims” (davaların yığılması – art. 110).
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An “action with gradual demands” (terditli dava) is an action, through which the plaintiff asserts multiple demands against the defendant in the same complaint, by identifying them as principle or ancillary (art. 111).
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If the debtor or a third party who has the right to choose regarding an alternative obligation refrains from exercising the right, the creditor may file an “action with alternative demands” (seçimlik dava – art. 112).
Another very important officer at the administrative office is the court stenographer (zabıt katibi). Court stenographers are mentioned in numerous provisions of the CoCP, since they carry out a very important duty in litigation. According to articles 154, 155 and 157, the court stenographer prepares and signs the record and she must be employed in all proceedings to be carried out before the judge. Since court stenographers have a very important role in litigation and said role is very closely related to the judicial power. Disqualification and recusal grounds set by the Statute regarding the judges are applied to court stenographers as well.
The bailiff (mübaşir) assists the judge regarding the order of the hearing, summons persons waiting outside to the courtroom and carries out other duties given by the judge, such as serving documents.
On top sits the Court of Cassation (Yargıtay). It is the highest court of the civil judiciary. Its chambers and other decision-making bodies carry out the appellate review of the final decisions rendered by the circuit courts of appeal. It is also the court of first instance for a limited number of disputes (for instance, actions for damages against the State regarding the exercise of jurisdiction by the judge). The CoC, with respect to civil disputes, consists of civil chambers, the Civil General Assembly and the Grand General Assembly as judicial bodies.
Circuit courts of appeals (bölge adliye mahkemeleri) are the intermediate level courts in Turkish civil judiciary. The most essential duty carried out by the circuit courts of appeals is the intermediate appellate review of final decisions rendered by the courts of first instance in their respective jurisdictional areas.
Civil courts of first instance, which are the courts that resolve disputes initially, are established as either general jurisdiction courts or specialized courts. General jurisdiction courts are established with the Law regarding Establishment, Jurisdiction and Powers of Civil and Criminal Courts of First Instance and Circuit Courts of Appeals (no. 5235), and they are comprised of civil courts of general jurisdiction (asliye hukuk mahkemeleri) and civil courts of peace (sulh hukuk mahkemeleri). These courts may have different chambers within, and a workload division between these chambers based on subject matter may be determined to some extent. All courts have an administrative office supervised by a court clerk, with court stenographers, a bailiff, and other civil servants where necessary.
Specialized courts are the courts established by various statutes and they have jurisdiction in actions with the specific subject matter they are established for. There are seven specialized courts in civil judiciary:
(1) Cadastral courts
(2) Labor courts
(3) Compulsory enforcement courts
(4) Consumer courts
(5) Civil Courts of Intellectual and industrial property rights
(6) Family courts
(7) Commercial courts
There are four conditions for unjust enrichment to exist:
1.There must be enrichment in the property of a person
2.There must be a decrease in the value of property of another person
3.The enrichment must be without a just cause
4.There must be a causal relation between the enrichment and the decrease in the value of property.
1.Law of persons: Law of persons is the field of law that deals with the concept of person, types of persons, real persons, legal persons, beginning of personality and end of personality, concept of personality, protection of personality, capacity, types of capacity, different categories according to their capacity to act, domicile, kinship, associations (societies) and foundations.
2.Family law: Family law’s main concern is the family, therefore, engagement, marriage, divorce, parental authority are the most important topics. Also guardianship and adaption are other important areas.
3.Law of succession: Law of succession is a field of law in which every real person shall be a part of in some time in their life, the latest when they die. Since all real persons shall die, this field is related to all of us. Legal heirs, reserved portion (statutory entitlement), testamentary disposition, deprivation of statutory entitlement, legacy, contract of succession, abatement and commencement of succession are some of the subjects.
4.Law of property: Law of property’s main subject is the real rights. Real rights are the rights built on a property that give their owner the right to assert against all persons this right. Ownership, hypothec, usufruct are some examples of the real rights. Real rights enjoy the principle of publicity. The tools of publicity are possession for moveable property and land registry for immoveable property. Therefore, the concept of law of property covers possession, land registry and real rights.
5.Law of obligations: Law of obligations is the field of law that mainly deals with obligations. Obligation is a legal bond that ties two persons in such a way that one of them, the creditor, is entitled to demand from the other, the debtor, a certain performance. There are three main sources of obligations in Turkish legal system; contracts, torts and unjust enrichment. In the general part, law of obligations deals with these sources, formation of an obligation, performance, non-performance and some modalities related with an obligation such as penalty clause, condition, joint liability and discharge of obligations. In the special part, specific types of contracts are the main focus point, like sales contract, surety ship contract, rental contract and construction contract.
Civil Code governs the first four sub branches and the Code of Obligations governs the last sub branch.
1.Discharge (extinction) by Agreement: The parties to a contract may agree to discharge an obligation. No particular form is required for the discharge of an obligation by agreement even if the obligation itself could not be assumed without satisfying a certain form requirement.
2.Novation: It constitutes a new obligation in the place of an old one. The pre-existing obligation is discharged and a new obligation is created. The parties should conclude an agreement and in this agreement the intention of novation should be clearly stated.
3.Merger: The obligation is deemed to be discharged by merger where the capacities of creditor and debtor are united. In other words, the creditor and the debtor become identical.
4.Impossibility: Impossibility means it is no longer possible to perform the obligation. An obligation is deemed to be discharged where its performance is made impossible by circumstances not attributed to the debtor, in other words the debtor should not be faulty in the obligation’s becoming impossible. If the debtor has fault, then the obligation is nor discharged but turned to a compensation payment.
5.Set-off: Where two persons owe each other sums of money or performance of identical obligations, and provided that both claims have fallen due, each party may set-off his/her debt against his/her claim. A set-off takes place only if the debtor notifies the creditor of his/her intention to exercise his/her right of set-off.
•delayed performance and compensation for default,
•non-performance and damages because of non-performance (positive damages),
•withdraw the contract and damages resulting from the withdrawal of the contract (negative damages).
1.The obligation should be due
2.The creditor has to draw a notice (formal reminder)
Objective Element-Actus Reus: Voluntary act, omissions
Subjective Element-Mens Rea (state of mind): Intention, negligence/recklessness, criminal attempt
Voluntary Act
The objective element- also called physical or external element- that describes a voluntary act or omission, refers to the part of the definition of the offense in the statutory law which relates to the actions of the perpetrator and their consequences.
Omissions
As a general rule, omission does not attract criminal liability. Although a voluntary act is required in most cases for criminal liability, both civil and common law consist of several offense definitions that do not require an act while giving rise to criminal liability, which is referred to as acts of omission or failure to act.
As a stance against the arbitrary treatment in the course of ongoing trial, Feuerbach proposed that there can be no punishment without a prior and precise rule stating so.
1. Punishability requires a written act of parliament and cannot be based on custom. (No Punishment without Law)
2.Criminal prohibitions must determine the prohibited conduct, they must be definite (the principle of certainty)
3.Acts cannot be punished retroactively.(the principle of non retroactivity) The penalty and any ancillary measures shall be determined by the law which is in force at the time of the act.
4. The statutory prohibition cannot be extended by analogy to conduct not covered by the ordinary meaning of the words used. (the principle of the interdiction of analogy)
1. Legislature: ( ) The main body of criminal law is contained in the Penal/Criminal Code.
2. Judiciary: The role of the jurisdiction is to interpret the criminal law not to make it.
3. Executive
•to enforce moral values;
•to punish those who deserve punishment;
•to protect the public from harm;
•to reform the offender;
•to deter offenders and potential offenders;
•to educate people about appropriate conduct and behaviour; •to preserve order;
•to protect vulnerable people from exploitation and corruption.
•The principle of welfare and upholding the common good,
•The principle of prevention of harm to others,
•The principle of minimal intervention: Law should not criminalize too much behaviour,
•The principle of social responsibility: Society requires a certain level of cooperation between citizens,
•The principle of proportionate response: The response of criminal law should be reasonably in proportion to the harm committed or threatened to be committed,
•The non-retroactivity principle: A person should not be convicted or punished except in accordance with a previously declared offense,
•The thin-ice principle: Those who skate on thin ice can hardly expect to find a sign denoting the precise spot where they will fall in,
•The principle of maximum certainty: People should have sufficiently certain and clear warnings about the forbidden conducts,
•The principle of fair labelling: Offenses should be labelled in a manner to reflect the seriousness of the law violated,
•The principle of strict construction: Ambiguities in criminal law should be construed in favour of the defendant,
•The presumption of innocence: A principle of procedural fairness that the defendant should be presumed innocent until proved guilty.
Law on Council of State
Law on the Organization and Duties of the Regional Administrative Courts, Administrative and Tax Courts
Law on the Procedure of Administrative Justice
The Council of State is the highest administrative court in the organization of administrative courts.
•National Security Council to “submit to the Council of the Ministers the advisory decisions taken with regard to the formulation, determination, and implementation of the national security policy of the State and its views on ensuring the necessary coordination.”
•The Council of State to “give its opinion within two months on government bills submitted by the Prime Minister and the Council of Ministers and the conditions and the contracts under which concessions are granted concerning public services, examine draft regulations, …”
•The Court of Accounts to audit “on behalf of the Grand National Assembly of Turkey, revenues, expenditures, and assets of the public administrations financed by central government budget and social security institutions, with taking final decisions on the accounts and acts of the responsible officials, and with exercising the functions prescribed in laws in matters of inquiry, auditing and judgment.
1) Local Administrations
A) Province
B) Municipality
C) Village
2) Functionally Decentralized Administrations
3) Central Administrations
A) Provincial Organization: Provincial (Governor), Sub-Provinces (Sub-Province Governor)
B) Central Organization
a) Advisory Bodies: Council of State, National Security Council, Court of Accounts
b) Ministry: Main Service Units, Supporting Units, Counseling and Controlling Units
-Gülhane Hattı Humayunu/Tanzimat Fermanı (1839) was the first action taken in the way of constitutional steps. The document granted equal rights to muslims and minorities regarding honour, modesty, right to property and life, judiciary, military service and tax liabilities. Undertakings of Tanzimat Fermanı was approved by Islahat Fermanı (1856).
-Kanuni Esasi (1876) was the first constitution-like document in order to limit powers of rulers. In this era and document the supreme authority and personality of the Sultan was kept as the Ottoman Monarchy remained while two assemblies Heyeti Ayan (members appointed by Sultan) and Heyeti Mebusan (members elected by citizens) constituted parliament (Meclis-i Umumi). The competence of the parliament was limited and without the consent of the Sultan, laws could not enter into force. In addition, responsibility of the Sultan was not articulated in the Kanuni Esasi, accordingly, Sultan was predominant as regards to powers. Soon after, in 1878, Sultan dissolved Heyeti Mebusan and autocracy was back in stage.
Equality, security of property, personal immunity, right to education, prohibition of angaria and tax duties under laws were examples of fundamental rights and freedoms stated in Tanzimat Fermanı.
In 1909, major amendments took place and powers of the Sultan were restricted while powers of Meclisi Mebusan were expanded. Then, consent of the Sultan for promulgation of laws was abolished and duty of the Sultan towards Meclisi Mebusan was articulated.
-Teşkilatı Esasiye Kanunu, namely the Constitution of 1921, was made by the Grand National Assembly that was established on April 23, 1920. The main principle underlining democracy in the Constitution of 1921 was the sovereignty belonged unconditionally to the nation. Besides, principle of unification of powers was accepted while assembly government system was in force. Under the ruling of the Constitution of 1921 the proclamation of the Turkish Republic took place on October 29, 1923.
-The Constitution of 1924 was the first constitution of the Turkish Republic. It consisted of principles for both assembly government and parliamentary system at the same time. Sovereign powers of the nation –legislative and executive– were vested in the Grand National Assembly.
As for the powers;
Article 6, States That The Grand National Assembly of Turkey exercises the legislative power directly.
Article 7, According to The Assembly exercises the executive power through the intermediary of the President of the Republic, whom it elects, and through a Cabinet chosen by him. The Assembly control the acts of the government and may at any time withdraw power from it.
The judicial power is exercised in the name of the Assembly by independent tribunals constituted in accordance with the law.
The first version of the Turkish Constitution of 1924 accepted Islam as the religion of the State; however, this provision was abolished in 1928. Long after the Constitution of 1924 also introduced the principle of secularism.
– The Constitution of 1961 was the second constitution of the Turkish Republic. The characteristics of the Republic were stated to be “nationalistic, democratic, secular and social State governed by the rule of law, based on human rights and the fundamental tenets set forth in the preamble.” Supremacy and binding force of the constitution was guaranteed by article 8 that stated, “Laws shall not be in conflict with the Constitution. The provisions of the Constitution shall be the fundamental legal principles binding the legislative, executive and judicial organs, administrative authorities and individuals.”
The sovereignty was vested in the nation unconditionally and without reservation. State organs to exercise sovereignty were legislative, executive and judiciary. Separation of powers was accepted. The legislative power was vested in the Turkish Grand Assembly; the President of the Republic and the Council of Ministers used executive “function”; the independent courts on behalf of the Turkish nation exercised judicial power. As for constitutionality of laws the Constitutional Court was established and introduced in the Constitution of 1961.
In 1971, major changes took place in the Constitution including restrictions on fundamental rights and freedoms, expansion of executive powers and establishment of military courts.
The Constitution of 1982 is the current constitution of the State of Turkish Republic. ( decide with the majority of three-fifths of the Grand National Assembly of Turkey to proclaim amnesty and pardon)
“1. The Constitutional Court shall … decide on individual applications. …
3. Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights, which are guaranteed by the Constitution, has been violated by public authorities. In order to make an application, ordinary legal remedies must be exhausted.
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The article 45/1 of the Law No 6216 states that:
“Everyone can apply to the Constitutional Court based on the claim that any one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights and the additional protocols thereto, to which Turkey is a party, which are guaranteed by the Constitution has been violated by public force.”
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Below cannot fall under the competence of the Constitutional Court with regards to the individual application:
•legislative acts and legislative decrees,
•regulatory administrative acts,
•decisions of the Constitutional Court,
•acts of the President of the Republic in his/her own competence (Article 125/2 of the Constitution)
•decisions of the Supreme Military Council on promotion and retiring due to lack of tenure, (Article 125/2 of the Constitution) •decisions of the High Council of Judges and Prosecutors other than dismissal from the profession (Article 159/10 of the Constitution)
( )
Professional organizations, non-governmental organizations and unions are not considered to be eligible for individual application. ( ) Concerning foreigners the article 46/3 of the Law No 6216 states that foreigners may have standing for fundamental rights and freedoms, except for the rights exclusively recognized for Turkish citizens.
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Under the article 47/1 of the Law No 6216 individual applications could be made directly, through courts, (or) through representatives abroad. According to the article 47/5 of the Law No 6216 the individual application should be made within thirty days starting from the exhaustion of legal remedies / from the date when the violation is known if no remedies are envisaged. (+15 days excuse time)
“International agreements duly put into effect have the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional.
These restrictions shall not be contrary to the letter and spirit of the Constitution and the requirements of the democratic order of the society and the secular republic and the principle of proportionality.
Article 14- ( ) No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms recognized by the Constitution or to stage an activity with the aim of restricting them more extensively than stated in the Constitution.
Article 15- In times of war, mobilization, martial law, or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended, or measures derogating the guarantees embodied in the Constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated. (As amended on May 7, 2004; Act No. 5170) Even under the circumstances indicated in the first paragraph, the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.
Provisions governing human rights under Turkish Constitution give first a definition, than stipulate rules on restriction and prohibition of abuse of them.
Two types of applications can be brought before the court against member states; 1) by an individual, a group of individuals, by NGOs companies 2) by states
The court consists of a judge from each state. The judges are elected by the Parliamentary Assembly of the Council of the Council of Europe from three members brought on by the state. They are not representatives of the member states that presented them. A single judge (non-national) can dismiss a case or forward it to a 3-judge committee which may include a national judge. A 7-judge chamber can also pass judgement and decide admissability. There is also a 17-judge Grand Chamber which can also advise. There are also ad-hoc judges when national judges are missing.
The request must be made by the victim within six months of the last judicial decision on the case after exhausting all domestic remedies. The request will not be evaluated if it is anonymous, same as another request, currently in evaluation by another international investigation, is incompatible.
The hearings are public unless decided otherwise in exceptional circumstances. Judgements are final and binding. The execution of the judgements are monitored by the Committee of Ministers of the Council of Europe. The Court can pass pilot judgements for similar cases.
Rights to life, a fair hearing, respect for private and family life, protection of property, freedom of expression, thought, conscience and religion were secured.
These protocols were binding and more were added to them.
Protocol 1: right to property, education, free elections
Protocol 4: prohibition of imprisonment for debt expulsion of nationals, freedom of movement
Ptorocol 6: abolishes the death penalty (13 abolishes it in all circumstances)
Protocol 7: right of aliens to procedural guarantees in the event of expulsion from state, right to having a sentence reviewed by a higher court, right to compensation for injustice, right to not be tried and convicted more than once, equality of rights and responsibilities between spouses
Protocol 11: restructures control machinery of the European Convention on Human Rights (Protocol 14 amends it again), sets up European Court of Human Rights
Protocol 12: general prohibition of discrimination