Court of Cassation (Turkey)
The Court of Cassation ( Turkish Yargıtay ) is one of the highest courts in Turkey . Until the establishment of the regional courts on July 20, 2016, it was the second and last instance in civil and criminal proceedings as the highest ordinary court in the country. The regional courts are now the second and the court of cassation the third and final instance.
The French Cour de cassation and the Italian Corte Suprema di Cassazione originally served as models .
founding
On March 6, 1868, the Council for Judicial Affairs ( Ottoman دیوان احکام عدلیه Dîvân-ı Ahkâm-ı Adliyye ) founded under the rule of Sultan Abdülaziz and in 1879 in the " Court of Appeal " ( Mahkeme-i Temyîz /محکمه تمييز) renamed.
From June 7, 1920, the Provisional Review Committee ( muvakkat temyiz heyeti ), newly established by the Grand National Assembly in Sivas, took over the duties of the review court. In 1923 the committee was moved to Eskişehir and renamed the court of appeal (Turkish temyiz mahkemesi ).
In 1935 the court moved into its new building in Ankara , which was built by the architect Clemens Holzmeister . On January 10, 1945, the court was given its current name "Court of Cassation" ( Yargıtay ).
The first president of the court was Ahmed Cevdet Pasha .
organization
The court of cassation is divided into 23 civil senates (Hukuk Daireleri) and criminal senates (Ceza Daireleri) . Each senate has a presiding judge and sufficient members. If the respective senates meet, they form the major senates for civil and criminal matters (Hukuk ve Ceza Genel Kurulları) . These include the presiding judges and the members of the senate.
The Grand Plenary Assembly (Yargıtay Büyük Genel Kurulu) comes into being when the Grand Senates for Civil and Criminal Matters meet. The plenary consists of the First President of the Court of Cassation, First Vice-Presidents, Senate Presidents, Senate Members, the Attorney General and the Deputy Attorney General. Their judgments have the same effect as the law and are binding on all courts.
Jurisdiction
The tasks of the Court of Cassation are regulated in Article 154, Paragraph 1 of the Turkish Constitution and in the Court of Cassation Act (Yargıtay Kanunu) No. 2791 of 1983.
Article 154, paragraph 1, of the Constitution reads:
“Yargıtay, adliye mahkemelerince verilen ve kanunun başka bir adlî yargı merciine bırakmadığı karar ve hükümlerin son inceleme merciidir. Kanunla gösterilen belli davalara da ilk ve son derece mahkemesi olarak bakar. "
“The Court of Cassation is the final examining authority for decisions and judgments that are made by courts of ordinary jurisdiction and are not left to another ordinary court by law. He carries out certain procedures provided for in the law as a court of first and last instance. "
He reviews the judgments of the appellate courts, which started their work on July 20, 2016, solely for compliance with legal provisions and procedural law. A new assessment of the facts does not take place at the Court of Cassation.
See also
literature
- Christian Rumpf : Introduction to Turkish Law . 2nd Edition. CH Beck, Munich 2016, ISBN 978-3-406-51293-3 , § 6, Rn. 131.
Individual evidence
- ↑ Constitutional Law of Turkey (1982) ( Memento of the original from September 22, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Art. 154 para. 1.
Web links
Coordinates: 39 ° 55 ′ 0.1 ″ N , 32 ° 51 ′ 10.5 ″ E