| |
Program Outcomes and Competences |
Level |
Assessed by |
| 1) |
An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. |
N |
|
| 2) |
An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. |
N |
|
| 3) |
An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines |
N |
|
| 4) |
Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. |
N |
|
| 5) |
Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. |
N |
|
| 6) |
Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. |
N |
|
| 7) |
Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. |
N |
|
| Week |
Subject |
| 1) |
General introduction on why such a course is needed / ECHR & domestic law relationship / The fact that the Competition Board is bound by ECHR & ECtHR case law
|
| 2) |
ECtHR / CJEU relationship / The Vlaamse Balies judgement of the CJEU and its reflection on Turkish law
|
| 3) |
The importance of the correct application of the ECHR & ECtHR case law / Examples of bad practices based on the decision of the Ankara 9th Administrative Court on EKC Logistics
|
| 4) |
Differences between regulatory fines and misdemeanour fines / The Council of State and the Competition Board's acceptance of administrative fines imposed as a result of on-site inspections as misdemeanour fines rather than regulatory fines and the consequences of this
|
| 5) |
ECtHR's view on de facto presumptions / Examples of de facto presumptions that reverse the burden of proof applied by the Competition Board and are very difficult or impossible to prove (in particular, the presumption of the natural course of life and the deletion of WhatsApp/e-mail correspondence during on-site examinations as prevention/difficulty of on-site examination regardless of the content)
|
| 6) |
ECtHR's view on de facto presumptions / Examples of de facto presumptions that reverse the burden of proof applied by the Competition Board and are very difficult or impossible to prove (in particular, the presumption of the natural course of life and the deletion of WhatsApp/e-mail correspondence during on-site examinations as prevention/difficulty of on-site examination regardless of the content) (CONTINUED)
|
| 7) |
The Competition Board's approach of "evaluating the evidence as a whole" and its approach to reasoned decision-making, presumption of innocence |
| 8) |
The Competition Board's approach of "evaluating the evidence as a whole" and the view of this approach against basic fair trial elements such as reasoned decision-making and presumption of innocence (CONTINUED)
|
| 9) |
Equality of arms, the right to adversarial proceedings and the right to defence in the face of issues such as the Competition Board's briefing practice, the Competition Board's decision against the Competition Board on issues that the rapporteurs deem favourable
|
| 10) |
Keeping oral defence periods short / Hearing Officer institution in the European Union
|
| 11) |
Violation in the final decision on a matter that was not informed during the preliminary investigation/investigation process and its relation with the substitution of reason in Administrative Law
|
| 12) |
The importance of authority in Administrative Law / Participation of assistant experts in on-site examinations within the scope of the element of authority and the Competition Board's appointment of the Presidency for the selection of rapporteurs in violation of Law No. 4054
|
| 13) |
The institution of omission in Administrative Law / The Competition Board's omission of regulations issued by other legal entities and examples from practice
|
| 14) |
A summary of the period based on the Competition Board's approach that "If there is a violation of fair trial, the courts will handle it"
|
| 15) |
End of Term Evaluation |
| 16) |
End of Term Evaluation |
Information Package / Course Catalogue