Court organization in Turkey

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The judiciary of Turkey ( Türk Yargı Sistemi ) is independent according to Article 138 of the Constitution and is not subject to any instructions. The High Judges and Public Prosecutors are responsible for personnel issues and the disciplinary control of the courts .

The Turkish judiciary basically consisted of two instances in criminal and civil cases: factual instance and cassation ( temyiz ). The courts of appeal, which were introduced more than ten years ago, are due to start operating in mid-2016 .

The military had its own jurisdiction until the constitutional amendment of April 16, 2017, which repealed the constitutional articles in question (Art. 156 and 157 of the Constitution of the Republic of Turkey ) (see also the Military Court of Cassation and the Higher Military Administrative Court ).

Constitutional Court

The Constitutional Court ( Anayasa Mahkemesi ) has four main tasks:

  1. The review of laws and ordinances with legal force (Articles 150 and 152 of the Constitution)
  2. The function of the State Court of Justice ( Yüce Divan ) according to Article 148 of the Constitution
  3. The ban on political parties (Art. 148)
  4. The constitutional complaint ( Bireysel Başvuru ) under Articles 148 and 149 of the Constitution (since September 23, 2012)

The administrative jurisdiction

First instance

  • Administrative courts ( İdare Mahkemeleri ), each consist of a judge, appeal body: regional administrative court
  • Tax courts ( Vergi Mahkemeleri ), each consist of a judge, appeal body: regional administrative court

2nd and 3rd instance

  • Regional administrative courts ( Bölge İdare Mahkemeleri ), consist of three judges, revision body: State Council
  • State Council ( Danıştay ): The State Council of Turkey is both a revision body and a first instance for matters determined by law.

The ordinary jurisdiction

First instance

The criminal justice system

General dishes
  • Courts of the Peace ( Sulh Ceza Mahkemeleri ): These courts have now been abolished and their tasks have been transferred to the criminal chambers. As Sulh Ceza Hakimliği, you are still responsible for all arrest and arrest procedures.
  • Criminal Chambers ( Asliye Ceza Mahkemeleri ): These courts are staffed with a single judge and negotiate moderate criminal cases that do not fall within the remit of the Peace Courts or Grand Criminal Chambers.
  • Large criminal chambers ( Ağır Ceza Mahkemeleri ): These courts have three judges and deal with serious criminal cases. In addition to a few offenses specifically assigned to the chambers and with the exception of all offenses classified as terrorist (political), the major criminal chambers are responsible for criminal offenses for which the minimum penalty is 10 years.

2nd and 3rd instance

  • Regional courts ( Bölge Adliye Mahkemeleri ): As part of the reforms for accession to the European Union , an appeal body ( istinaf mahkemesi ) was introduced with the regional courts on June 1, 2005 . They are scheduled to start work in mid-2016.
  • Court of Cassation ( Yargıtay ): The auditing body is always the Court of Cassation of Turkey .

Specialized courts

  • State Security Courts ( Devlet Güvenlik Mahkemeleri , DGM): see State Security Court . These dishes no longer exist. Their responsibilities have been transferred to the Grand Criminal Chambers.
  • Traffic courts ( Trafik Mahkemeleri ): These courts are responsible for violations of the Turkish Road Traffic Act ( Karayolları Trafik Kanunu ).
  • Foreign exchange courts ( Döviz Mahkemeleri ): These courts are responsible for violations of the Turkish Currency Protection Act ( Türk Parasının Kıymetini Koruma Hakkında Kanun ).

There are also other specialized courts such as the so-called children's courts ( Çocuk Mahkemeleri ) and criminal courts on intellectual and commercial rights ( Fikri ve Sınai Haklar Ceza Mahkemeleri ). Some specialized courts are not yet represented nationwide; the mostly ordinary courts act in their place.

Civil jurisdiction

General dishes

The Turkish civil justice system knows the following types of courts:

  • Civil Peace Courts ( Sulh Hukuk Mahkemeleri ): These courts have a single judge and negotiate civil matters with a low value in dispute. In addition, regardless of the amount in dispute, they are responsible for all kinds of lease disputes (e.g. eviction suits), issuing certificates of inheritance, adoption permits, confirmations of legal transactions between children and parents and the dissolution of owner associations.
  • Civil Chambers ( Asliye Hukuk Mahkemeleri ): These courts have a single judge. You negotiate civil matters with a higher value in dispute. Regardless of the amount in dispute, they are responsible for insolvency proceedings and violations of personal rights.
  • Commercial Courts ( Asliye Ticaret Mahkemeleri ): These courts have three judges. You are responsible for all commercial claims. There are commercial courts only in larger cities. In cities without commercial courts, the civil chambers are responsible.
Specialized courts
  • Labor courts ( İş Mahkemeleri ): They correspond to the German labor courts.
  • Consumer Courts ( Tüketici Mahkemeleri ): These courts are responsible for disputes under the Turkish Consumer Protection Act ( Tüketicinin Korunması Hakkında Kanun )
  • Enforcement courts ( İcra Mahkemeleri ): These courts have a single judge. They exercise legal supervision over law enforcement and bankruptcy authorities. They also have a criminal justice department.
  • Family dishes ( Aile Mahkemeleri ): These dishes are available in provinces ( il ) and counties ( ilçe ) with more than 100,000 inhabitants. Otherwise they correspond to German family courts.
  • Intellectual Property and Industrial Property Courts ( Fikri ve Sınai Haklar Mahkemeleri ): These courts have three judges. They are only found in Istanbul, Ankara and Izmir. You are responsible for disputes arising from the law on intellectual property ( Fikir ve Sanat Eserleri Kanunu ) and industrial property rights. They also have a criminal department. Outside of their districts, the chambers are responsible for commercial matters.

2nd and 3rd instance

  • Regional courts ( Bölge Adliye Mahkemeleri ): As part of the reforms for accession to the European Union , an appeal court ( istinaf mahkemesi ) was introduced with the regional courts on June 1, 2005 . However, it was only able to start work many years later on July 20, 2016.
  • Court of Cassation ( Yargıtay ): The auditing body is always the Court of Cassation of Turkey .

Conflict of jurisdiction court

The Jurisdictional Disputes decides as the first and last instance to power conflicts between the ordinary courts, administrative courts and military courts .

literature

Web links

Individual evidence

  1. ↑ According to Article 159 of the Constitution, the Minister of Justice presides over this council. Its members include the State Secretary in the Ministry of Justice, three members of the plenary session in the Court of Cassation and two members of the State Council, who are elected by the President from among three candidates for each post. Due to this composition and the fact that this body is located on the premises of the Ministry of Justice, it is possible for politicians to exert considerable influence - similar to that in Germany.
  2. ↑ German translation of the constitution ( Memento of the original from December 9, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF)  @1@ 2Template: Webachiv / IABot / www.tuerkei-recht.de