Esin Litigation Quarterly | Issue 4

Significant court decisions in the last trimester concerning litigation

1.1 The Constitutional Court annuls the provision extending the scope of exceptions to the principle that court proceedings be open to the public.¹

With its decision numbered 2020/73, and dated October 26, 2023, the Constitutional Court of Türkiye ("Constitutional Court") decided to revoke a recent amendment of Article 28 of the Code on Civil Procedures ("CCP") extending the scope of exceptions to the principle that court proceedings be open to the public on the ground that the amendment introduces a specific limitation on the right to a fair trial that has not been envisaged in the Turkish Constitution ("Constitution"). The amendment of Article 28 of CCP provided that the court may, ex-officio or upon request of the person concerned, decide to conduct hearings closed to the public only in cases where public morality or public security, or the superior interests, worth of protection, of