In Turkey, the judiciary is an indispensable element of a democratic state governed by the rule of law. Judicial bodies fulfill the "judicial" function of the state, one of its three fundamental branches: legislative, executive, and judicial. The Turkish judicial system independence, impartiality, fair trial, the right to defense, legal security, and the rule of law . This article examines in detail the functioning of the judiciary in Turkey, the structure of courts, types of justice, judicial review, and the rights of citizens in judicial processes.

---

1. Judicial Authority and Constitutional Foundations in Türkiye

In Turkey, judicial power is exercised by independent courts in accordance with Article 9 of the Constitution . Judicial power encompasses the following elements:

• Independence: Guaranteed by the Council of Judges and Prosecutors (HSK).

• Impartiality: Judges cannot receive orders or instructions from any authority.

• Guarantee: Their terms of office are secure; they cannot be dismissed.

• Fair trial: According to Article 36 of the Constitution and Article 6 of the ECHR, everyone has the right to a fair trial.

In Turkey, the judiciary is divided into categories: constitutional courts, ordinary courts, administrative courts, and military courts (abolished)

---

2. The Judicial System – The Broadest Judicial Area

The judicial system is the branch of the judiciary where the vast majority of disputes are resolved.
It consists of two main parts:

A. Criminal Courts

The courts responsible for criminal justice are as follows:

• Magistrates' Court: Decides on protective measures such as arrest, search, and seizure.

• Criminal Court of First Instance: Crimes such as insult, threat, assault, fraud, etc.

• High Criminal Court: Crimes punishable by more than 10 years imprisonment.

• Juvenile Criminal Courts

• Intellectual and Industrial Property Criminal Courts

Since criminal justice concerns public order, prosecutors act on behalf of the public.

B. Courts of Law

The courts responsible for legal proceedings are quite diverse:

• Civil Court of Peace: Rent, dissolution of partnership, certificate of inheritance, guardianship.

• Civil Court of First Instance: Compensation, contracts, cancellation and registration of title deeds.

• Family Court: Divorce, custody, alimony, compensation.

• Labor Court: Cases concerning employee claims and determination of employment status.

• Consumer Court

• Commercial Court

• Intellectual and Industrial Property Rights Law Court

The judicial system is the broadest type of justice, closely affecting the daily lives of citizens.

---

3. Administrative Justice – Control of Public Power

Administrative law oversees the administrative actions of the state and the actions and decisions of public institutions.

The main courts of administrative justice:

• Administrative Courts: Annulment cases, full judicial review cases.

• Tax Courts: Taxes, withholding tax, VAT, tax penalties.

• Regional Administrative Courts: They are the appellate courts.

• Council of State: It is the highest judicial body; it conducts appellate review.

Administrative justice controls the relationship between the individual and the state in terms of its compliance with the law.
This structure is a guarantee of the rule of law principle.

---

4. Constitutional Court – The Supreme Protector of Rights and Freedoms

The Constitutional Court (AYM) is the highest court in Türkiye that provides constitutional oversight.

The duties of the Constitutional Court:

• Constitutional review of laws

• Review of individual applications

• The President's trial

• Political party closure cases

Individual Application – The strongest right granted to citizens since 2012

Any individual can file an individual application with the Constitutional Court if they believe their fundamental rights have been violated.
The most frequent application topics are:

• Violation of the right to a trial within a reasonable time

• Violation of property rights

• Violation of the right to a fair trial

• The right to private and family life

• Allegations of ill-treatment

Individual application is one of the most important safeguards of the judicial system in Türkiye.

---

5. Court of Cassation – The Highest Court of the Judicial System

The Court of Cassation is the highest court that reviews appeals against decisions made in the judicial system.

Tasks:

• Reviewing court decisions for compliance with the law

• To ensure consistency in jurisprudence

• To decide on appeals

The Supreme Court chambers
are divided into criminal and civil chambers.
Additionally, the Supreme Court's General Assembly of Civil Chambers resolves differences in jurisprudence.

---

6th Regional Courts of Justice and Regional Administrative Courts – Appellate Review

After 2016, the two-tiered judicial system in Türkiye was transformed into a three-tiered system.

Courts of Appeal:

• Civil and criminal appeals (Regional Courts of Appeal)

• Administrative appeals (Regional Administrative Courts)

Appeals allow for the review of decisions from both a legal and factual perspective.
In this respect, it differs from cassation.

---

7. Status, Independence, and Security of Judges and Prosecutors

In Türkiye, judges and prosecutors perform their duties as follows:

• Independence

• Impartiality

• Guarantee

It operates according to its principles.

Judges and Prosecutors Council (HSK);

• Assignment

• Transport

• Discipline

• Dismissal from the profession

It regulates its operations.

Judges, in the nature of their duties:

• He cannot take orders

• They cannot engage in political activity

• It cannot be suppressed

• They cannot be prosecuted for their decisions (except those resulting from intent or negligence)

This status is a fundamental requirement for the independence of the judiciary.

---

8. The Right to Defense, the Role of Lawyers and Bar Associations

In Türkiye, the right to defense is sacred.

Lawyers;

• It is a guarantee of a fair trial

• It is the bridge between the citizen and the judiciary

• It is an indispensable part of the judicial process (like the mandatory defense system in the Code of Criminal Procedure)

Bar Associations:

• It regulates the defense profession

• It handles disciplinary proceedings against lawyers

• It offers legal aid services

• Plays an active role in human rights work

---

9. Procedural Principles in Trials

The fundamental principles in the Turkish judicial system are as follows:

• Right to a fair trial (Article 36 of the Constitution)

• presumption of innocence

• The principle of equality of arms

• Adversarial principle

• right to a legal hearing

• The right to a reasoned judgment

• Lawful judicial guarantee

• The right to not be stigmatized

These principles are explicitly guaranteed in the Constitution, the ECHR, and the case law of the Court of Cassation.

---

10. Digitalization in the Judicial System and UYAP (National Judicial Network)

UYAP (National Judicial Network Project):

• Electronic notification

• e-Hearing

• Viewing case files via e-Government

• Lawyer portal

• Citizen portal

• Integrated court system

It has digitized the judicial system.

This system;

• Speed

• Transparency

• Security

• Accessibility

It is revolutionary in this respect.

---

11. Criticisms of the Judicial System in Türkiye and the Need for Reform

As with every legal system, there are criticisms of the judicial system in Türkiye as well

• The lengthy duration of trials

• The quality of expert reports

• The need for specialized courts

• Bureaucracy in the process of administering justice

• Workload in the courts

• Merit-based appointments debate

For these reasons, various judicial reform packages are being prepared.

---

12. Conclusion: In Türkiye, the judiciary is the foundation of the rule of law

In Turkey, the judicial system, along with its judicial, administrative, and constitutional oversight mechanisms, the backbone of the rule of law.

• Everyone has the right to appeal to the courts.

• The right to seek justice is constitutionally guaranteed.

• Judicial independence is a fundamental requirement of democracy.

• The legal profession is a fundamental element of the defense.

• Judicial institutions are the most important safeguard for citizens.

In this context, the judicial system in Türkiye continues to protect the rights of citizens, based on both national and international legal principles.