EnglishTurkish Legal System: Foundations and Structure

The Turkish legal system is a dynamic and evolving structure shaped by historical influences, constitutional principles, and international commitments. Rooted in secularism and the rule of law, it has undergone significant transformations over the years. This section explores the fundamental pillars of Turkey’s legal system, focusing on its historical development, constitutional framework, and primary sources of law.

Historical Development of the Turkish Legal System

The legal tradition of Turkey is deeply influenced by different civilizations, ranging from the Ottoman Empire to modern European legal systems.

Ottoman Legal Heritage

During the Ottoman period, law was primarily based on Islamic law (Sharia) and the Sultan’s decrees (Kanun). While Sharia governed family law and religious affairs, Kanun regulated administrative, criminal, and financial matters. However, by the 19th century, the Ottoman Empire initiated legal modernization efforts inspired by European legal systems, particularly the French Civil Code.

Legal Reforms in the Republican Era

With the establishment of the Republic of Turkey in 1923, a radical transformation took place. The new government aimed to create a modern, secular, and Westernized legal system by adopting civil law principles. The most notable reforms included:

• The abolition of Sharia courts and religious legal institutions.
• The adoption of the Swiss Civil Code in 1926, replacing Islamic family law.
• The introduction of the Italian Penal Code and the German Commercial Code, aligning Turkish law with European legal traditions.

These reforms laid the groundwork for a secular, codified legal system, which remains the foundation of modern Turkish law.

Constitutional Framework of Turkey

Turkey’s legal system is based on a written constitution, which serves as the supreme law of the country. The first constitution of the republic was enacted in 1924, followed by significant constitutional changes in 1961, 1982, and subsequent amendments.

The 1982 Constitution

The current Turkish Constitution, adopted after the 1980 military coup, establishes the principles of democracy, secularism, human rights, and the separation of powers. It provides the legal foundation for governance and outlines the rights and responsibilities of both the state and its citizens.

Key principles include:

• Republicanism: Turkey is a democratic republic where sovereignty belongs to the nation.
• Secularism: The state remains neutral in religious matters and guarantees freedom of belief.
• Rule of Law: All individuals and institutions, including the government, must comply with legal norms.
• Separation of Powers: Legislative, executive, and judicial branches operate independently.

Amendments and Reforms

The constitutional amendments of 2017 introduced a presidential system, replacing the former parliamentary model. This reform expanded the powers of the president, eliminated the prime minister’s role, and restructured the judiciary and legislative framework.

Primary Sources of Turkish Law

Turkish law is primarily codified, meaning it relies on written legal texts. The hierarchy of legal sources includes the Constitution, laws, international treaties, regulations, and judicial precedents.

The Constitution

As the highest legal authority, the Turkish Constitution dictates the fundamental principles of the state and the rights of its citizens. No law or regulation can contradict constitutional provisions.

Laws (Statutes)

Parliament (Grand National Assembly of Turkey) enacts laws that regulate different aspects of governance, civil rights, and criminal offenses. Some of the key legal codes in Turkey include:

• Turkish Civil Code – Governs family law, property rights, and inheritance.
• Turkish Penal Code – Defines crimes and penalties.
• Turkish Commercial Code – Regulates business transactions and corporate law.

Presidential Decrees and Regulations

Since the transition to the presidential system, the president has gained the authority to issue presidential decrees, especially in areas that do not require parliamentary legislation. Additionally, ministries and administrative bodies implement regulations to enforce laws.

International Treaties

Turkey is a signatory to numerous international conventions, including the European Convention on Human Rights (ECHR). According to Article 90 of the Constitution, international agreements concerning fundamental rights and freedoms override conflicting domestic laws.

Judicial Precedents and Constitutional Court Decisions

Although Turkey follows a civil law tradition, meaning court decisions do not serve as binding precedents, high court rulings play an influential role in shaping legal interpretations. The Constitutional Court, Court of Cassation, and Council of State provide guidance on critical legal matters.

Judicial System and Court Structure in Turkey

The Turkish judicial system is based on the separation of powers and operates independently from the executive and legislative branches. Courts ensure justice, protect rights, and uphold legal principles. This section provides a detailed look at Turkey’s court structure, key judicial institutions, and the roles of legal professionals.

Judicial System Overview

Turkey’s judiciary is divided into three main categories:

1. Ordinary Courts – Handle civil and criminal cases.
2. Administrative Courts – Review government actions and public administration disputes.
3. High Courts – Include constitutional and supreme courts responsible for legal oversight.

Each category serves a distinct function, ensuring the rule of law and access to justice.

Ordinary Courts (Civil and Criminal Justice System)

Ordinary courts are responsible for resolving disputes between individuals and legal entities. They are further divided into civil and criminal courts, depending on the nature of the case.

Civil Courts in Turkey

The civil court system in Turkey is designed to resolve disputes arising from private law between individuals and legal entities. This system is structured into multiple levels and specialized courts, ensuring that cases are handled efficiently based on their nature and complexity.

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Structure of Civil Courts in Turkey

Civil Courts of Peace (Sulh Hukuk Mahkemeleri)

These courts serve as the lowest level of civil jurisdiction, dealing with minor disputes such as rental agreements, disputes over movable and immovable properties, and cases involving small monetary claims. Each district in Turkey has at least one Civil Court of Peace, presided over by a single judge.

Civil Courts of First Instance (Asliye Hukuk Mahkemeleri)

These courts have a broader jurisdiction, handling cases that exceed the authority of the Civil Courts of Peace. They address significant disputes related to contract law, torts, inheritance, and larger financial claims. The number of these courts in a region depends on the population and caseload.

Specialized Civil Courts

To ensure efficiency and expertise in specific areas of law, Turkey has established various specialized civil courts:

• Commercial Courts – Handle disputes between businesses, commercial transactions, and corporate law issues.
• Consumer Courts – Focus on disputes between consumers and companies regarding defective products, misleading advertisements, and consumer rights violations.
• Family Courts – Resolve matters such as divorce, child custody, alimony, and domestic disputes.
• Labor Courts – Deal with employment-related issues, including wrongful termination, unpaid wages, and workers’ rights.
• Intellectual and Industrial Property Courts – Specialize in cases involving trademarks, patents, copyrights, and industrial designs.
• Enforcement Courts – Ensure the execution of court rulings, debt collection, and enforcement of financial obligations.

These specialized courts enable cases to be adjudicated by judges with expertise in the relevant legal fields, ensuring fair and knowledgeable rulings.

Criminal Courts

Criminal Courts of First Instance (Asliye Ceza Mahkemeleri)

These courts handle offenses that are punishable by fines or imprisonment of up to 10 years. Cases involving theft, assault, fraud, and similar mid-level crimes are typically heard here. Each court is presided over by a single judge, and they are established in almost every district and city.

Assize Courts (Ağır Ceza Mahkemeleri)

For more severe crimes such as homicide, drug trafficking, terrorism-related offenses, and organized crime, Assize Courts take jurisdiction. These courts impose sentences exceeding 10 years, including life imprisonment. Each court consists of a panel of three judges, including a presiding judge and two members, with the public prosecutor actively involved in the proceedings.

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Specialized Criminal Courts

Juvenile Courts (Çocuk Mahkemeleri)

Juvenile Courts are dedicated to cases where the accused is under 18 years old. Their primary aim is to ensure the rehabilitation of young offenders while considering their psychological and social circumstances. These courts operate with a single judge and do not include a public prosecutor in hearings.

Juvenile Assize Courts (Çocuk Ağır Ceza Mahkemeleri)

In cases where juveniles commit serious offenses requiring severe penalties, such as murder or organized crimes, Juvenile Assize Courts handle the trials. These courts operate with a three-judge panel and a prosecutor and follow special procedures focusing on the best interests of the child.

Intellectual and Industrial Property Rights Criminal Courts (Fikrî ve Sınai Haklar Ceza Mahkemeleri)

These courts handle intellectual property violations, including copyright infringements, trademark piracy, and patent-related offenses. They are particularly important in protecting artistic, literary, and technological rights.

Enforcement Criminal Courts (İcra Ceza Mahkemeleri)

These courts deal with legal violations related to debt enforcement and bankruptcy laws. Typical cases include failure to pay alimony, non-compliance with debt collection orders, and violations of financial agreements. Unlike other criminal courts, they follow a special procedural system and do not have an investigative phase.

Criminal Peace Judgeships (Sulh Ceza Hâkimlikleri)

Criminal Peace Judgeships have replaced the former Criminal Peace Courts and primarily deal with protective legal measures. Their jurisdiction includes pre-trial detention, search warrants, asset seizures, travel bans, and judicial control decisions. These judgeships are critical in law enforcement operations and ensuring fundamental rights during investigations. Their decisions can be appealed before another Criminal Peace Judge.

Administrative Courts (Public Law System)

Administrative courts oversee disputes between individuals and the government. These courts ensure that public institutions comply with legal principles.

• Administrative Courts of First Instance – Review complaints against government actions.
• Regional Administrative Courts – Hear appeals from lower administrative courts.
• Council of State (Danıştay) – Acts as the highest administrative court, offering final judgments in public law disputes.

High Courts (Judicial Oversight and Constitutional Review)

Turkey has several high courts that provide final rulings on legal matters. These courts also supervise the decisions of lower courts.

Constitutional Court (Anayasa Mahkemesi)

The Constitutional Court reviews laws, decrees, and regulations to ensure they comply with the Turkish Constitution. It has the authority to annul unconstitutional laws and review individual applications regarding human rights violations.

Court of Cassation (Yargıtay)

This court is the highest authority in civil and criminal cases. It examines whether lower court rulings comply with legal principles. The final decisions made by this court set important legal precedents.

Council of State (Danıştay)

As the highest administrative court, the Council of State reviews government actions and ensures administrative justice. It also offers advisory opinions on legislative proposals.

Court of Jurisdictional Disputes

This court resolves conflicts between administrative and judicial courts, determining which court has jurisdiction over specific cases.

Legal Professionals and Their Roles

The Turkish legal system relies on judges, prosecutors, lawyers, Mediators, Criminal Mediators and notaries, each playing a crucial role in ensuring justice.

• Judges (Hâkimler)

Judges oversee legal proceedings, interpret laws, and ensure fair trials. They operate independently and cannot be removed from office except under specific conditions.

• Prosecutors (Savcılar)

Public prosecutors investigate crimes, file criminal charges, and represent the state in court. They work under the Council of Judges and Prosecutors (HSK), ensuring their independence.

• Mediators (Hukuk Arabulucuları)

Mediators facilitate negotiations between disputing parties to help them reach a voluntary settlement. In Turkey, mediation is mandatory in some legal disputes, such as labor and commercial cases. They must be registered with the Mediation Department under the Ministry of Justice and act impartially.

• Criminal Mediators (Ceza Uzlaştırmacıları)

Criminal reconciliation officers handle certain criminal cases where parties can resolve disputes through alternative methods instead of proceeding to trial. They act as neutral facilitators, ensuring both the offender and the victim agree on a fair resolution. This process is regulated by the Turkish Penal Code and aims to reduce the burden on the judicial system while promoting restorative justice.

• Lawyers (Avukatlar)

Lawyers provide legal representation and advice to individuals and businesses. They play a vital role in defending clients’ rights and ensuring fair trials. Lawyers must be registered with the Turkish Bar Association to practice.

• Notaries (Noterler)

Notaries verify and authenticate legal documents, including contracts and real estate transactions. Their role helps prevent legal disputes by ensuring documents comply with Turkish law.

Criminal Case Filing Process

In Turkey, the process of filing a criminal case follows a structured legal framework that ensures justice is administered fairly. Depending on the severity of the offense, a case may either proceed to court or be resolved through criminal mediation (Uzlaştırma Sistemi).

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Investigation Phase (Soruşturma Süreci)

The criminal process begins when a crime is reported to the police, gendarmerie, or public prosecutor’s office. The public prosecutor then initiates an investigation to determine whether there is enough evidence to pursue charges.

Investigation Steps:

• Evidence Collection: Law enforcement gathers witness statements, forensic reports, and any relevant material.
• Interrogation: Suspects may be detained for questioning.
• Judicial Measures: If necessary, the prosecutor may request search warrants, asset seizures, or arrest orders from the Criminal Peace Judgeship.

At the end of the investigation, the prosecutor decides either to file an indictment or dismiss the case due to insufficient evidence.

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Filing the Indictment & Court Trial

If the prosecutor determines that the crime requires judicial proceedings, they prepare an indictment (iddianame) and submit it to the relevant criminal court.

Crimes Requiring a Court Trial

Some offenses must be prosecuted through a trial, including:

• Homicide & Manslaughter
• Terrorism-related offenses
• Drug trafficking
• Sexual crimes
• Serious financial fraud
• Bribery & corruption

Cases are heard in either the Criminal Courts of First Instance (for minor offenses) or the Assize Courts (for severe crimes).

During the trial phase, both the prosecution and defense present their arguments, and the court evaluates evidence and witness testimonies before delivering a verdict.

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Criminal Mediation System (Uzlaştırma Sistemi)

Not all cases go to court. Turkey’s criminal mediation system (Uzlaştırma) allows certain minor, non-violent crimes to be settled outside of court.

Crimes Eligible for Mediation:

• Defamation & insult
• Simple assault
• Theft without violence
• Property damage
• Minor fraud cases

Mediation Process:

• The prosecutor offers mediation if the case is eligible.
• A neutral mediator helps both parties negotiate a resolution (e.g., compensation or apology).
• If an agreement is reached, the case is dismissed; otherwise, it proceeds to trial.

Benefits of Mediation:

• Faster resolution
• Avoids a criminal record for minor offenders
• Reduces court workload

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Verdict & Appeals

After the trial, the court delivers its verdict:

• Acquittal: The defendant is found not guilty.
• Conviction: A sentence (fine, imprisonment, or probation) is imposed.

Both parties have the right to appeal to the Court of Cassation (Yargıtay) if they believe there was a legal error in the trial process.

Principle of Judicial Independence

The Turkish Constitution guarantees judicial independence, ensuring that courts operate free from external influence. Judges and prosecutors are protected by legal provisions that uphold impartiality and fairness in judicial decisions. The Council of Judges and Prosecutors (HSK) oversees the appointment and regulation of judges, reinforcing the autonomy of the judiciary.

Additionally, the Ministry of Justice plays a role in judicial administration by supervising judicial services, managing court infrastructure, and ensuring the effective operation of the justice system. While the judiciary remains independent in decision-making, the Ministry’s administrative oversight helps maintain efficiency and consistency in legal procedures.

Turkey has also implemented judicial reform packages to enhance transparency and efficiency in the legal system. Digital innovations such as UYAP (National Judiciary Informatics System) have improved case management, contributing to faster and more accessible justice for citizens. These efforts reflect Turkey’s commitment to a strong and independent judiciary while ensuring effective judicial administration.

Judicial Reform Efforts

To strengthen legal transparency and efficiency, Turkey has undertaken judicial reforms, including:

• Digitalization of court processes to improve efficiency.
• Establishment of specialized courts for intellectual property and consumer rights.
• Legal education initiatives to enhance judicial expertise.

The Civil Lawsuit Process in Turkey

In Turkey, the civil lawsuit process follows a structured approach, incorporating a mandatory mediation phase for certain types of disputes before proceeding to court. This system is designed to promote dispute resolution efficiently and fairly. Below is an overview of the process:

Mandatory Mediation

For specific disputes, such as commercial and labor-related conflicts, parties are required to attempt mediation before initiating legal proceedings. This phase involves several key steps:

• Mediator Appointment: A neutral and certified mediator is assigned to facilitate discussions between the disputing parties.
• Mediation Sessions: The mediator organizes meetings to help the parties reach a mutually acceptable resolution.
• Outcome Documentation: If an agreement is reached, it is formally documented and becomes legally binding. If mediation fails, a report is issued, granting the parties the right to proceed to court.

Initiating Legal Proceedings

If mediation does not resolve the issue, the plaintiff can initiate a lawsuit through the following steps:

• Petition Submission: The plaintiff files a written petition (dava dilekçesi) to the relevant court, detailing the parties involved, the subject matter, and the legal basis of the claim.
• Preliminary Examination: The court reviews the petition to ensure it meets formal requirements and falls within its jurisdiction.
• Service of Process: The court formally notifies the defendant by serving them the petition, providing them with the opportunity to prepare a defense.

Exchange of Pleadings and Pre-Trial Phase

• Defendant’s Response: The defendant submits a written response (cevap dilekçesi), addressing the claims in the petition. Additional pleadings may be exchanged between the parties to clarify their positions.
• Preliminary Hearing: The court conducts a hearing to identify the key points of dispute, assess the presented evidence, and encourage a settlement if feasible.

Trial Phase

• If no settlement is reached, the case proceeds to trial, where both parties present their arguments and supporting evidence.
• The court evaluates the case based on the presented materials and legal principles.

Judgment and Appeals

• The court issues a final judgment based on its assessment of the case.
• Either party may appeal the decision within the legally prescribed time limits if they disagree with the ruling.

By incorporating mandatory mediation, the Turkish legal framework aims to facilitate faster and more amicable resolutions while ensuring a fair and structured litigation process when necessary.

Arbitration as an Alternative Dispute Resolution (ADR) Mechanism

Apart from mediation and litigation, arbitration is a widely used alternative for resolving disputes in Turkey, particularly in commercial and international matters. Arbitration is preferred due to its confidentiality, efficiency, and enforceability.

Key Aspects of Arbitration in Turkey:

• Arbitration Agreement: Parties must have a prior arbitration agreement or clause in their contract, stating that disputes will be resolved through arbitration instead of court proceedings.
• Selection of Arbitrators: The parties choose one or more arbitrators (or follow institutional rules if arbitration is conducted through an arbitration center).
• Arbitral Proceedings: The arbitration process is more flexible than court trials, allowing parties to set their own procedural rules and timelines.
• Award (Decision): The arbitral tribunal issues a binding decision (arbitral award), which can only be challenged under limited circumstances.
• Recognition and Enforcement: Domestic arbitration awards are enforceable under Turkish law, while international arbitration awards are recognized and enforced in Turkey under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958).

Institutional and Ad Hoc Arbitration in Turkey

• Institutional Arbitration: Conducted through established institutions such as the Istanbul Arbitration Centre (ISTAC), which provides procedural rules and administrative support.
• Ad Hoc Arbitration: Parties can choose arbitrators and determine procedural rules without an institutional framework.

Comparison: Litigation vs. Arbitration

Legal Reforms, Human Rights, and International Legal Obligations in Turkey

The Turkish legal system has undergone significant reforms to align with international human rights standards and modern legal principles. Legal changes have focused on judicial independence, individual freedoms, and compliance with international law. This section explores Turkey’s legal reform efforts, human rights legislation, and international legal commitments.

Legal Reforms in Turkey

Legal reform has been a continuous process in Turkey, driven by democratization efforts, European Union (EU) accession talks, and the need for a more efficient judicial system. Over the past two decades, Turkey has introduced major legal changes to strengthen justice, transparency, and human rights protections.

Judicial Reform Packages

Since 2010, Turkey has implemented judicial reform packages aimed at improving the efficiency and fairness of the legal system. Some key reforms include:

• Reducing pre-trial detention periods to protect individuals’ rights.
• Strengthening the independence of the judiciary by restructuring the Council of Judges and Prosecutors (HSK).
• Expanding individual applications to the Constitutional Court, allowing citizens to challenge human rights violations.
• Increasing transparency in judicial appointments to enhance public trust in the courts.

Digital Transformation in the Legal System

To improve efficiency, Turkey has introduced e-justice systems, such as:

• E-Devlet (E-Government System) – A digital platform providing citizens access to government services, including legal records, case tracking, and official document requests.
• UYAP (National Judiciary Informatics System) – A digital platform for managing court cases and legal documents.
• e-Notary System – Allows electronic notarization of legal documents.
• Mediation and Arbitration Initiatives – Alternative dispute resolution methods to reduce court workload.

European Court of Human Rights (ECHR) and Turkey

As a member of the European Court of Human Rights (ECHR), Turkey adheres to the European Convention on Human Rights, ensuring legal protections for fundamental freedoms. Turkish citizens have the right to appeal to the ECHR if they believe their rights have been violated, reflecting Turkey’s commitment to international legal oversight and human rights protection.

Turkey has actively participated in legal reforms to align with ECHR standards, improving judicial procedures, fair trial rights, and access to justice. The individual application system to the Constitutional Court, introduced in 2012, has strengthened domestic legal remedies, allowing Turkish courts to address human rights concerns more effectively before cases reach the ECHR.

Women’s Rights and Gender Equality

Turkey has adopted international agreements, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), demonstrating its commitment to gender equality and women’s rights. Legal protections include laws against domestic violence, workplace discrimination, and gender-based abuse.

One of the key legal principles in Turkey regarding women’s protection is the “Women’s Statement is Essential” approach, which ensures that a woman’s testimony in cases of violence or harassment is given legal weight in investigations and judicial proceedings.

International Legal Commitments and Agreements

Turkey is an active participant in international legal frameworks, including:

• United Nations (UN) treaties on human rights, climate change, and trade.
• Council of Europe agreements, such as the ECHR and European Social Charter.
• NATO and international security laws related to counterterrorism.
• World Trade Organization (WTO) regulations governing international commerce.

EU Accession Process and Legal Alignment

Turkey’s EU accession negotiations have influenced many legal reforms. To meet EU legal standards (Acquis Communautaire), Turkey has adopted laws strengthening:

• Judicial independence and fair trial rights.
• Freedom of speech and media.
• Protection of personal data and privacy.
• Anti-corruption laws to increase transparency.

Conclusion

The Turkish legal system is based on a civil law tradition, influenced by Ottoman history, European legal codes, and constitutional principles. It consists of ordinary, administrative, and high courts, ensuring justice and legal order. The 1982 Constitution defines the framework, emphasizing secularism, democracy, and human rights. Key institutions include the Court of Cassation, Constitutional Court, and Council of State. Legal reforms have introduced digital platforms like UYAP and E-Devlet, improving efficiency. Turkey follows international agreements, such as the ECHR and UN treaties, aligning its laws with global standards. Ongoing reforms focus on modernization and accessibility within the legal system.