The justification of court decisions is regarded as a
fundamental right and a key element of the right to a fair trial
(ie, the right to a reasoned decision). This right is protected by
Article 6 of the European Convention of Human Rights, the Turkish
Constitution, the Code of Civil Procedure and Supreme Court
precedents.
Legislation
The Constitution and the Code of Civil Procedure set out general
rules regarding the justification of decisions.
Article 141 of the Constitution states that "all decisions
of all courts are written with justification", while Article
27 of the Code of Civil Procedure regulates the right to be heard
and specifies that "the court should make its assessment by
taking into account the explanations and giving concrete and clear
justification of its decisions".
