How are the Turkish Courts categorized? How do they work?
The court system is divided into three main categories: administrative courts, criminal courts and civil courts. Each one of these has a range of courts, from courts of first instance to the respective Court of Appeals, also known as the Supreme Court.
1. Civil Courts
(a) Courts of First Instance Civil courts of first instance are divided into two: (i) courts of general jurisdiction and (ii) specialty courts.
Courts of general jurisdiction are divided into two subgroups: (i) sulh hukuk courts and (ii) asliye courts. At least one sulh hukuk court is established in each municipal jurisdiction. Sulh hukuk courts handle matters that are identified by statute with limitation. All other matters fall within the jurisdiction of asliye courts.
At least one asliye hukuk court is established in each municipal jurisdiction. There is one presiding judge in each such court. In major cities and municipalities, asliye courts are also designated as commercial courts (= asliye ticaret courts). These have jurisdiction specifically over commercial matters. Asliye ticaret courts have a panel of three judges.
Specialty courts are established for a specific purpose, as they provide expertise in particular matters: labor courts ( iþ mahkemeleri ) have exclusive jurisdiction over disputes between an employer and its employees arising from an employer and its employees arising from an employment relationship; over claims that are raised pursuant to the Labor Code, the Union Code, the Collective Bargaining Code, and the Social Security Code. The Enforcement Review Authority (“ERA”) known as the Icra Tetkik Mercii handles cases in connection with enforcement proceedings which are a kind of summary proceedings. In provinces where an icra tetkik mercii is not present, the local asliye hukuk court assumes the role. Consumer courts have been established since 2000 to handle product liability claims and all other disputes between a consumer and a provider of a service or product.
(b) High Courts The Court of Appeals ( Yargitay ) is the court of appeals in both civil and criminal matters. The civil matters section of the Court of Appeals comprises of twenty one Civil Chambers, each of which has a panel of five judges one of which is appointed as the chairman. Additionally, each chamber has a number of-so-called “investigating judges” (= tetkik hakimi ) whose duties include the reviewing of all matters pending and of all evidence presented with a view to prepare for the panel a report and an advisory opinion.
Members of all the twenty one Civil Chambers form the General Assembly for Civil Matters (= Hukuk Genel Kurulu or “HGK”). HGK decisions are reported as case law.
2. Criminal Courts
Criminal courts comprise of (i) courts of general authority and (ii) specialty courts. Courts of general authority include the justice of the peace courts (= sulh ceza courts); criminal courts of first instance (= asliye ceza courts) and high criminal courts (= aðýr ceza courts). The first two are single judge courts. A three judge panel presides over the third one.
Specialty courts include the constitutional court (only when it acts in the capacity of a criminal court with the authority to try high ranking statesmen such as the president, or the ministers), state security courts, traffic courts and juvenile courts. Special courts handle matters that are specifically provided for in the laws which served as the basis for the establishment of such courts. For example, traffic courts are established based on the Highway Traffic Act of 1983. Traffic violations and offences are defined in the said law and are within the jurisdiction of the traffic courts.
The Yargitay is the court of appeals in criminal matters. It comprises of eleven chambers. HGK's corresponding entity in criminal matters is the General Assembly for Criminal Matters (= Ceza Genel Kurulu , or “CGK”).
3. Administrative Courts
Administrative courts include (i) courts of first instance (= idare courts), (ii) regional administrative courts ( bölge idare courts) and (iii) the Council of State/ State Supreme Council ( Danistay ). Tax courts are deemed to be administrative courts of first instance.
Administrative courts have jurisdiction over disputes that involve an act of the administration. All acts of the administration are subject to judicial review.
4. Other Courts
The Constitutional Court (Anayasa Mahkemesi ) is the highest judicial authority in the Republic of Turkey whose principal duty is to ensure that the Legislation does not contradict the Constitution. If a law is claimed to violate the Constitution, it can be challenged before the Constitutional Court who would then render an opinion as to the question of constitutionality.
Another function of the Constitutional Court is to try members of the Executive branch; i.e. the President, the Prime Minister, Ministers, etc. Members of the Executive Branch enjoy immunity from trial for their alleged offences. They can only be tried by the Constitutional Court if the Parliament lifts such immunity.
There is a special criminal court system for military matters. The lower courts are referred to as the Military Courts (= askeri mahkemeler). The Military Court of Appeals is the Askeri Yargitay . Except for the similarity of the name, the military court of appeals has nothing to do with the civil or criminal court of appeals. It is an independent court whose jurisdiction is limited to offences committed by or against the military personnel.
The Court of Conflicts (= uyusmazlik mahkemesi ) resolves jurisdictional conflicts between the civil court system and the administrative court system. If there is a disagreement as to whether a particular matter should be brought before civil or administrative courts, the question of jurisdiction is decided upon by the Court of Conflicts.
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