What is the Judicial System of Turkey?

The judicial system of Turkey lies at the very heart of its democracy — a complex yet well-structured network that ensures justice, protects rights, and upholds the rule of law. Built on the principles of fairness and impartiality, it defines how disputes are resolved and how citizens, institutions, and even the government are held accountable under the law.

In simple terms, Turkey’s judiciary operates under a dual court system, meaning there are two main branches:

• Judicial Courts (Adli Yargı), which handle civil and criminal cases, and

• Administrative Courts (İdari Yargı), which review decisions made by government authorities.

As explained by Kurucuk & Associates, a respected law firm based in Istanbul, understanding this structure is essential for anyone interacting with the Turkish legal landscape — whether you’re a foreign investor, expat, journalist, or law student.

Structure of the Judicial System of Turkey

Turkey’s judicial framework is designed to separate private disputes from public administration matters, ensuring fairness and specialization. Let’s look at each part more closely.

Judicial Courts (Adli Yargı)

These courts deal with civil and criminal cases — everything from family disputes and contracts to theft or homicide.

They’re divided into:

• Civil Courts (Hukuk Mahkemeleri): Handle matters like property rights, family law, inheritance, and contracts.

• Criminal Courts (Ceza Mahkemeleri): Address crimes committed against individuals or the state.

Administrative Courts (İdari Yargı)

Administrative courts are where citizens can challenge government actions or decisions. Their job is to make sure the state and its officials act lawfully and respect individual rights.

Supreme Courts (Yüksek Mahkemeler)

At the top of the judicial hierarchy stand several high courts, each with a distinct function:

• Court of Cassation (Yargıtay): The highest court for civil and criminal cases, ensuring consistency in legal interpretation.

• Council of State (Danıştay): The supreme court for administrative disputes involving government decisions.

• Constitutional Court (Anayasa Mahkemesi): The guardian of the Constitution, reviewing the constitutionality of laws and protecting fundamental rights.

• Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi): Resolves conflicts between judicial and administrative courts when both claim jurisdiction over the same case.

This dual structure ensures that both individuals and the government are held accountable under a fair and organized legal system.

Key Institutions and Governing Bodies

Behind every functioning judiciary are institutions that maintain its independence and integrity. In Turkey, three major bodies play that role.

Ministry of Justice (Adalet Bakanlığı)

The Ministry of Justice manages the administrative side of the judiciary — from budgeting and infrastructure to managing prisons and digital court systems. It ensures the smooth functioning of courts but has no authority over judicial decisions, preserving the separation between the executive and the judiciary.

Council of Judges and Prosecutors (HSK)

Known in Turkish as the Hakimler ve Savcılar Kurulu, the HSK oversees appointments, promotions, and disciplinary matters for judges and prosecutors.

Its independence has often been discussed in the context of judicial reforms and Turkey’s EU accession process, especially after the 2017 constitutional changes that restructured its composition.

Union of Turkish Bar Associations (Türkiye Barolar Birliği)

Representing thousands of lawyers across Turkey, this national body ensures professional ethics, legal education, and defense of judicial independence. It acts as the voice of the legal profession and safeguards the public’s access to qualified legal representation.

Foundational Legal Principles in Turkey

Civil Law Tradition

Turkey’s legal system is rooted in the Civil Law model, inspired by European codes — primarily Swiss, German, and Italian law. Judges rely on written statutes rather than judicial precedent, ensuring consistency and predictability in rulings.

Secularism (Laiklik)

Secularism is one of the Republic’s founding principles. Courts operate independently of religion, reinforcing equality before the law and ensuring that justice is based purely on legal merit.

Rule of Law and Judicial Independence

The rule of law (Hukukun Üstünlüğü) guarantees that every individual and authority — including the state — is bound by the law. Judicial independence is central to this principle, ensuring judges make decisions without political interference.

The 1982 Constitution

The Constitution of Turkey defines the country’s legal and political order. It enshrines fundamental rights and freedoms while setting the boundaries of legislative, executive, and judicial powers. Although amended multiple times, it continues to guide Turkey’s modern legal system.

Individual Application (Bireysel Başvuru)

Since 2010, individuals have been able to apply directly to the Constitutional Court if they believe their constitutional rights have been violated after exhausting other legal remedies. This has become a vital tool for protecting human rights in Turkey.

Important Laws and Codes in the Turkish Judicial System

Turkey’s judiciary operates through codified statutes, which together form the foundation of its legal system:

• Turkish Civil Code (Türk Medeni Kanunu): Governs family law, inheritance, and property relations.

• Turkish Code of Obligations (Türk Borçlar Kanunu): Covers contracts, liabilities, and compensation.

• Turkish Penal Code (Türk Ceza Kanunu): Defines crimes and their punishments.

• Code of Criminal Procedure (Ceza Muhakemesi Kanunu): Regulates how criminal investigations and trials are conducted.

• Code of Civil Procedure (Hukuk Muhakemeleri Kanunu): Establishes procedures for civil trials and dispute resolution.

Each code ensures clarity, fairness, and consistency — key features of a civil law system.

Types of Courts in the Turkish Judiciary

Court Type	Role and Jurisdiction
Peace Criminal Court (Sulh Ceza Mahkemesi)	Handles minor criminal cases and reviews investigative actions.
Criminal Court of First Instance (Asliye Ceza Mahkemesi)	Tries crimes of moderate severity.
Heavy Penal Court (Ağır Ceza Mahkemesi)	Deals with serious offenses such as terrorism, murder, and organized crime.
Civil Court of Peace (Sulh Hukuk Mahkemesi)	Handles small civil matters like rental disputes and inheritance.
Civil Court of First Instance (Asliye Hukuk Mahkemesi)	Deals with general civil cases not assigned to specialized courts.
Commercial Court (Ticaret Mahkemesi)	Resolves corporate and commercial disputes.
Consumer Court (Tüketici Mahkemesi)	Protects consumer rights in disputes with sellers or service providers.
Labour Court (İş Mahkemesi)	Addresses conflicts between employers and employees.
Family Court (Aile Mahkemesi)	Focuses on divorce, custody, and alimony.
Cadastral Court (Kadastro Mahkemesi)	Handles property registration and boundary disputes.
Tax Court (Vergi Mahkemesi)	Reviews disputes over taxation and fiscal decisions.
Administrative Court (İdare Mahkemesi)	Examines the legality of administrative acts.
Regional Courts of Appeal (Bölge Adliye Mahkemeleri)	Review lower court decisions to ensure legal accuracy before they reach the high courts.

This system allows for specialization and efficiency, ensuring each dispute is handled by the court best equipped to deal with it.

Key Roles in the Judicial System

Judges (Hâkim / Yargıç)

Judges interpret and apply the law, ensuring every case is decided impartially. They undergo rigorous education and are appointed based on merit by the HSK.

Public Prosecutors (Savcı)

Prosecutors represent the state in criminal matters. They investigate crimes, prepare indictments, and play a vital role in protecting public order.

Attorneys / Lawyers (Avukat)

Lawyers are the voice of justice for individuals and companies alike. Firms like Kurucuk & Associates help clients understand their rights, resolve disputes, and navigate Turkey’s legal procedures with confidence and precision.

Notaries (Noter)

Notaries authenticate documents and transactions, providing legal certainty for contracts, sales, and business dealings.

Historical and Political Evolution of the Turkish Judiciary

The evolution of Turkey’s judiciary mirrors the country’s own transformation.

After the Republic was founded in 1923, Mustafa Kemal Atatürk’s government replaced the Ottoman legal system with modern European codes, embedding secular and democratic principles.

The 1980 military coup ushered in the 1982 Constitution, which still serves as the foundation of Turkey’s current legal order.

The 2010 referendum brought progressive changes, including the right to individual constitutional application, while the 2017 referendum restructured the HSK and established a presidential system.

The 2016 coup attempt marked a turbulent chapter, leading to widespread judicial dismissals and debates on judicial independence. Since then, Turkey has focused on reform and modernization, with ongoing efforts to restore public trust and strengthen rule of law institutions.

Ongoing Challenges and Reforms

Like many legal systems, Turkey’s judiciary faces both achievements and challenges.

Key areas of focus today include:

• Judicial Independence: Ensuring judges remain free from political or executive influence.

• Case Backlog: Reducing delays and improving judicial efficiency.

• Human Rights Compliance: Aligning domestic decisions with the European Court of Human Rights (ECtHR).

• EU Accession Alignment: Continuing reforms toward European Union legal standards.

• Digital Transformation: Expanding e-justice systems for transparency and access.

These reforms reflect Turkey’s determination to enhance fairness, efficiency, and public confidence in its judiciary.

Why Understanding the Judicial System of Turkey Matters

For foreign investors, expatriates, and international businesses, understanding Turkey’s judicial system isn’t just an academic exercise — it’s a necessity.

From signing contracts to resolving disputes, success often depends on understanding how the law works and how courts interpret it.

For human rights observers, journalists, and students, the Turkish judiciary offers a fascinating case study of a system that continues to evolve at the intersection of tradition, reform, and globalization.

The Path Toward Justice and Reform

The judicial system of Turkey represents more than just courts and codes — it embodies the nation’s enduring pursuit of justice, modernization, and democracy. While challenges remain, the system continues to evolve through reform, digital innovation, and international cooperation.

If you need guidance or representation within this complex legal framework, Kurucuk & Associates is here to help.

With years of experience and deep understanding of Turkish law, the firm provides trusted, practical, and results-driven legal solutions.