Turkey has a civil law system based on codified laws. Case law is taken into consideration for the interpretation of laws. Higher court decisions have an influence over the lower courts to ensure uniformity in judicial practice. However, only decisions of a higher chamber of the Court of Appeal (which is responsible for resolving inconsistencies between different judgments of chambers in similar disputes) are binding on lower courts. International law duly approved and enacted by the legislature is also deemed to be part of the legal system.
Stepping into the Turkish business landscape isn’t just about trade; it’s a voyage through the intricacies of the legal framework. For foreign enterprises setting up their business in Turkey, understanding the Turkish judicial system is akin to charting a course for success. In this article, we’ll navigate through the various courts and legal avenues, offering a compass for businesses to navigate the legal waters of this vibrant nation.
Turkish Legal Framework: Hierarchy of Laws and Judicial Structure
In the Turkish legal framework, the hierarchy of domestic law sources follows a structured order. At the top, we have the Constitution, which holds a significant place in the legal system. Next come the codes and statutes, which encompass the laws governing various aspects of life. International treaties, once ratified by the GNAT (Grand National Assembly of Turkey), carry the same legal weight as codes and statutes. In cases where conflicts arise between an international treaty and a code, the courts address this by referring to the general principles of Turkish law.
Presidential decrees and regulations also hold their positions in this hierarchy. These are instruments that help shape and implement laws in specific areas. Further down, we have bye-laws, which are regulations set by local authorities to govern specific regions or entities.
The judicial system in Turkey is structured into various branches. At its core, we find the Constitutional Court, responsible for ensuring the alignment of laws and regulations with the Constitution. In addition, there are civil and criminal courts that handle disputes between individuals, companies, and criminal offenses against individuals and society.
Administrative courts come into play when matters involve public administration decisions and actions. These courts play a vital role in overseeing government actions, permits, and licensing matters, ensuring a fair and just application of administrative law.
Within the realms of civil, criminal, and administrative courts, we encounter a three-tiered court system. The first instance courts are where cases begin, followed by regional appellate courts that review decisions made by the lower courts. Ultimately, cases can be appealed at the Court of Appeal or State Council, offering a robust mechanism for legal recourse. This multi-tiered approach guarantees that justice is served effectively and consistently across the Turkish legal landscape.
Civil Courts: Where Contracts Find Resonance
In the domain of resolving disputes between individuals and entities, Turkish civil courts reign supreme. This is where contractual obligations, property quibbles, and personal injury cases are brought to light. For foreign entities taking their first steps in Turkey, grasping the jurisdictional nuances and procedural intricacies of civil courts is pivotal. It’s a shield against potential legal turbulence, ensuring that business dealings sail smoothly even in choppy waters.
In civil law proceedings, hearings are usually open to the public. There are exceptions to this rule, for example, where required for public security and morality, the court can order ex officio or at the request of any of the parties that any particular hearing or all hearings must be held in closed sessions.
Criminal Courts: Decoding Legal Compliance
Unlike civil courts, criminal courts can conduct ex officio investigations if they deem the evidence submitted by the parties to be inadequate and can gather further evidence. Turkish criminal courts hold sway over offenses against both individuals and the societal order.
For foreign players, delving into Turkish criminal law is akin to studying the rulebook of a new game. This knowledge ensures compliance with local statutes and acts as a lighthouse guiding businesses away from the jagged rocks of legal non-compliance.
In principle, hearings are also open to the public in criminal law proceedings. However, the court can order ex officio that any particular hearing or all hearings must be held in closed sessions, if it is indisputably required by public security and morality. In criminal court proceedings involving a child or juvenile (under the age of 18), all hearings must be held in closed sessions.
Administrative Courts: Navigating Bureaucratic Terrain
When the actions of public administration entities come under scrutiny, administrative courts take center stage. For foreign businesses traversing Turkish bureaucracy, a grasp of administrative law becomes indispensable. Whether it’s securing necessary permits or decoding intricate licensing requisites, a sturdy understanding of this arena is the compass that keeps the business ship sailing in the right direction.
Specialized Courts: A Bespoke Approach
Turkey’s legal framework boasts specialized courts tailored to address distinct categories of disputes. Turkey’s legal landscape features specialized civil courts dedicated to specific legal domains, ensuring a tailored approach to various matters. These courts include Cadastral courts for property-related disputes, Commercial courts overseeing business intricacies, Consumer courts handling consumer rights issues, Enforcement courts managing enforcement procedures, Family courts addressing family-related matters, Intellectual and Industrial Property courts safeguarding intellectual property rights, and Labour courts resolving employment-related conflicts. This specialized framework reflects Turkey’s commitment to comprehensive and efficient legal proceedings across a wide spectrum of legal concerns.
The Court of Appeals: Safeguarding Legal Harmony
Imagine the Turkish legal system as an orchestra with three tiers of courts, each offering two levels of appeal. Lower court decisions can be contested at the Regional Court of Appeals and, if required, before the Court of Cassation or the Council of State. Foreign stakeholders wielding the conductor’s baton must be adept at navigating the symphony of appeals, ensuring that their legal rights are safeguarded in harmonious notes.
Debt Collection: Resolving Financial Harmonies
In the world of debt collection, the stage is set within the civil courts. After all attempts at friendly settlements and the issuance of payment orders have been exhausted, creditors step onto the legal stage by filing civil lawsuits. With the spotlight on evidence and documentation, judgments are rendered, setting the tone for the grand resolution. Here, creditors leverage Turkey’s structured enforcement system, employing measures such as asset seizure, wage garnishment, and bank account freezes to achieve the crescendo of debt resolution.
Conclusion
Navigating foreign business waters isn’t just about transactions; it’s about becoming fluent in the legal language of the land. Armed with a deep understanding of the Turkish legal system, foreign businesses can orchestrate their endeavors seamlessly. From comprehending the legal nuances of different court categories to mastering the art of appeals, foreign stakeholders can confidently embark on their Turkish journey, conducting their legal symphony with grace.
