Judicial System of Turkey: A Comprehensive Guide
Özgür Kurucuk- May 3
- 3 min read
The Judicial System of Turkey plays a pivotal role in ensuring the rule of law, safeguarding constitutional rights, and maintaining public order. Whether you're a foreign investor, expatriate, or simply curious about the Turkey legal system, understanding how justice works in Turkey is essential. In this blog, we’ll explore the structure, key institutions, and ongoing reforms shaping the Judicial System of Turkey today.
Overview of the Judicial System of Turkey
The Judicial System of Turkey is based on the Turkish civil law system, heavily influenced by continental European legal traditions, particularly the Swiss and German codes. It comprises both civil and criminal jurisdictions and operates under the principle of the rule of law in Turkey.
History of the Turkish Legal System
The modern Turkey legal system was established following the foundation of the Republic in 1923, replacing the Ottoman Sharia-based courts with a secular, codified system. Over the years, significant legal reforms have aligned the Turkish judiciary with European Union standards.
What are the Different Levels of Courts in Turkey?
The Turkey court hierarchy consists of:
First Instance Courts (Civil, Criminal, Administrative, and Specialized Courts)
Regional Courts of Appeal
Court of Cassation
Council of State
Turkish Constitutional Court
This tiered structure ensures that all citizens and foreigners have access to a fair judicial review process.
Structure of the Judicial System of Turkey
Courts in Turkey: Categories and Functions
The Courts in Turkey are divided into:
Judicial Courts (civil and criminal)
Administrative Courts
Military Courts (phased out but historically significant)
Specialized Courts (commercial, labor, and family courts)
Each court type addresses specific areas of the Turkish law, contributing to a robust Turkish judicial structure.
Turkish Civil Law System vs. Criminal Justice System
Difference between civil and criminal courts in Turkey lies in their jurisdiction:
Civil Courts handle personal and business disputes.
Criminal Courts address violations of the penal code.
The Turkish criminal justice system ensures due process, while the civil system emphasizes compensation and mediation.
Key Institutions in the Judicial System of Turkey
Role of the Constitutional Court in Turkey
The Turkish Constitutional Court safeguards fundamental rights and ensures laws comply with the Constitution. It plays a central role in upholding democracy and the judicial independence in Turkey.
High Council of Judges and Prosecutors (HSYK) in Turkey
The HSYK oversees the appointment, transfer, and disciplinary actions of judges in Turkey, ensuring impartiality and competence within the judiciary.
How Does the Judicial System Work in Turkey?
How are Judges Appointed in Turkey?
Judges in Turkey are appointed by the President upon the recommendation of the HSYK, based on merit, qualifications, and performance.
How Long Do Court Cases Take in Turkey?
While timelines vary, on average:
Civil cases: 6–24 months
Criminal cases: 12–36 months
Recent reforms aim to speed up processes in the Turkey justice system.
How to File a Lawsuit in Turkey
Foreigners and citizens alike can file a lawsuit via:
Submitting a petition to the competent court
Paying court fees
Following procedural timelines
Kurucuk & Associates, a leading Turkey Lawyer firm in Istanbul, offers expert guidance on filing cases and navigating the complex legal system Turkey presents.
Recent Judicial Reforms in Turkey (2023–2024)
Legal Reforms in Turkey Focused on Efficiency and Fairness
Recent judicial reforms in Turkey 2023–2024 target:
Digitalization of court processes
Enhanced judicial independence
Improved access to alternative dispute resolution in Turkey
These changes align the Turkish judiciary with EU judicial standards and strengthen public confidence in the Turkey courts.
Specialized Courts and Their Role in the Judicial System of Turkey
Turkish Administrative Courts
Deal with disputes between individuals and state authorities.
Turkish Commercial Courts
Resolve disputes between businesses, particularly important for foreign investors.
Labor Courts in Turkey
Focus on employment disputes, ensuring protection of both employer and employee rights.
Turkish Military Judiciary
While largely phased out, it played a significant role historically and remains relevant in specific contexts.
International Aspects of the Judicial System of Turkey
Execution of Foreign Judgments in Turkey
Turkey recognizes and enforces foreign judgments, subject to reciprocity and local legal review. Kurucuk & Associates specializes in helping international clients navigate this process.
Turkish Judicial System vs. European Judicial Systems
While grounded in European tradition, the Judicial System of Turkey retains unique features, such as its blend of civil law principles with local legal customs.
Final Thoughts on the Judicial System of Turkey
The Judicial System of Turkey is dynamic, rooted in tradition, yet evolving through progressive reforms. Whether you're seeking legal representation from a Turkish Lawyer, understanding court procedures, or comparing systems globally, the Turkish judiciary reflects both heritage and modern transformation.
