Introduction
The Turkish Court System (Türk Mahkeme Sistemi) forms the backbone of justice in Turkey, ensuring the rule of law and the fair resolution of disputes. Understanding how Turkish courts are structured is essential for both citizens and foreign investors who interact with the legal system. The Turkish Court System consists of several layers and branches, each specialized in different areas of law, from civil and criminal to administrative and constitutional justice.
General Framework
The Turkish court structure is primarily divided into three main categories:
- Adli Yargı (Judicial Courts) – handling civil and criminal cases.
- İdari Yargı (Administrative Courts) – handling disputes between individuals and the administration.
- Anayasa Yargısı (Constitutional Jurisdiction) – safeguarding constitutional order and fundamental rights.
Each of these branches has its own hierarchy and specialized courts.
1. Judicial Courts (Adli Yargı)
Judicial courts are the most common courts in Turkey and are subdivided into civil and criminal courts.
a. Civil Courts (Hukuk Mahkemeleri)
Civil disputes such as contracts, inheritance, family matters, and property rights are handled here.
- Sulh Hukuk Mahkemesi (Court of Peace – Civil): Deals with small claims, tenancy disputes, inheritance shares.
- Asliye Hukuk Mahkemesi (Civil Court of First Instance): Handles more complex civil disputes.
- Aile Mahkemesi (Family Court): Divorce, custody, alimony cases.
- Ticaret Mahkemesi (Commercial Court): Commercial disputes, corporate conflicts, bankruptcy.
- İş Mahkemesi (Labour Court): Employment-related disputes.
b. Criminal Courts (Ceza Mahkemeleri)
- Sulh Ceza Hakimliği (Criminal Judgeship of Peace): Pre-trial measures, arrest warrants.
- Asliye Ceza Mahkemesi (Criminal Court of First Instance): Handles less serious crimes.
- Ağır Ceza Mahkemesi (High Criminal Court): Deals with serious crimes like homicide, terrorism, organized crime.
- Çocuk Mahkemeleri (Juvenile Courts): For offenses committed by minors.
2. Administrative Courts (İdari Yargı)
Administrative courts resolve disputes arising from acts and decisions of the administration (government bodies, municipalities, ministries).
- İdare Mahkemesi (Administrative Court): Reviews administrative actions such as fines, licenses, permits.
- Vergi Mahkemesi (Tax Court): Tax disputes.
- Bölge İdare Mahkemesi (Regional Administrative Court): Acts as an appeal authority.
- Danıştay (Council of State): Highest administrative court, functioning as a court of last resort in administrative disputes.
3. Constitutional Court (Anayasa Mahkemesi)
The Anayasa Mahkemesi is the guardian of the Turkish Constitution. Its duties include:
- Reviewing constitutionality of laws.
- Examining individual applications regarding fundamental rights.
- Supervising political party activities.
It plays a role similar to constitutional courts in continental Europe and ensures compliance with democratic and human rights standards.
4. Court of Cassation (Yargıtay)
The Yargıtay is the highest appellate court for civil and criminal matters. It ensures the uniform interpretation of laws across Turkey. Its decisions guide lower courts and provide jurisprudential consistency.
5. Council of State (Danıştay)
The Danıştay functions as the highest administrative appellate court. It reviews final decisions of administrative and tax courts and ensures administrative justice.
6. Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi)
When there is a conflict between judicial and administrative courts regarding jurisdiction, the Uyuşmazlık Mahkemesi resolves it. This prevents conflicting rulings and ensures efficiency.
7. Military Courts (Tarihte)
Before 2017 constitutional amendments, Turkey had military courts. These have since been abolished, and military-related offenses now fall under ordinary courts.
Conclusion
The Turkish Court System is a comprehensive framework designed to cover every aspect of justice, from civil and criminal disputes to constitutional review. For businesses, investors, and citizens, understanding the hierarchy and specialization of Turkish courts is essential for navigating the legal landscape. Whether you are filing a commercial lawsuit, appealing an administrative fine, or seeking constitutional protection of your rights, the structure of the Turkish Court System ensures that justice is accessible and specialized at every level.
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